Tax refund advice needed lawyer will not respond

[michaelrj9]

Hi all thanks for looking..

First of all I did search the forums without geting a clear answer so here I go.

I live in Illinois.

I filed (my lawyer did) for chapter 7 almost 1 1/2 - 2 months ago. On Jan 21st I had the creditors meeting and everything went good, now waiting for the 2 months for the discharge. I asked my lawyer the day of the meeting before we met with the Truste if I will be able to keep my tax refund? He said how much is it going to be? I said I don't know and he said 1000-2000? I said $2000 the most. He said "it shouldn't" be a problem because I did not claim all my "assets" I believe that is what he said. I asked do I need to wait until after the discharge to file and he said no I can do it now.

The assets I believe he is talking about is my car $1200 (my half of car because it is co-owned) few hundred for my bed,tv,clothes and almost 300 in checking accounts.

Well I got excited and and started to go over my tax refund and thought it should be $2239.00 so I called my lawyer and left a message asking him if this is going to be a problem? because it is more than the $2000 first thought but he never called back.

Well after really prepairing it now it turns out it will be $2539 because I get a $300 recovery rebate credit.

After all of this my question comes down to this. Do I need to call my lawyer to ask him again and hope he calls back. Or does anyone know what will happen? Do I get to keep my refund, part of it etc.. I don't know if this matters or not but should I have it direct deposited in my account or mailed? If I had it mailed I would deposit in my parents account because if I get to keep the refund most of it will be givin to my parents anyway.

Any help will be apreciated.

Thanks

Michael

[michaelrj9]

I know the Trustee can take my the income tax reund after the bankruptcy is closed if need be (I believe).
But would I have a better chance of keeping it if I file for it after my BK is closed? My date is March 23rd.

When I did talk to my lawyer at the Creditors meeting he said it does not matter I can file it now (his answer was "it should'nt be a problem") I don't like the it should'nt be a problem from him but I guess that way he is covered.
But the figures has changed anyway since then (see post above).

I tried calling my Lawyer again with no call back again.
So I don't know if this is a good thing or bad thing? I get the feeling like Don't ask me and I won't tell.

Any help on this question and the questions from the original post will be appreciated as my lawyer will not respond.

Thanks

Michael

[Tbornetun]

Your lawyer may have meant that you have enough exemptions remaining to exempt it if the trustee decided to go after it. If the lawyer says it shouldn't be a problem, it probably won't be. Whether you receive it now or 3 months from now, the trustee would have the same interest in the tax return. It was money owed to you at the time of filing either way.