Chapter 7 and Filing Taxes

[KT13]

Is it a good idea to wait and file taxes? I.E. . . ask for an extention until August - since my discharge date is in May.

I will be getting money back - my attorney says he does not recall the trustee mentioning anything about taking my refund, at the 341, nor have I received anything in the mail from him (trustee) - though that could happen anytime before now and May.

Another atty I spoke to, says YES - the trustee WILL take my refund.

Who should I believe?
Should I file later?
Does that even matter since the money is 2008 tax money?

[StartingOver08]

Filing your taxes later does not change the fact that the Trustee may or may not want your refund.

[KT13]

Hmm..so what to do?
File as normal and cross my fingers?
Am I in the clear once I receive my discharge letter??

[StartingOver08]

Go ahead and file.
Your attorney says he does not remember. So when you get the refund, put it away until you know the Trustee does not want it. That way if the Trustee does send you a letter, you have the funds to submit.

Better to know and face it head on.

[Tbornetun]

Go ahead and file them. If you wait until August and the trustee is interested in the refund, it will delay the closure of your case because they will wait until they get the money before closing it. Get your refund and wait to see what happens. Have you asked your attorney if you have any exemptions remaining that could cover the tax refund?

[KT13]

No - my attorney is barely answering my questions as is - since the 341 he has been less than helpful.

Discharge letter = in the clear and I can keep my tax refund if the trustee doesn't ask for it?