Tax refund ?

[mountainmom]

Our atty says we have to turn over our refund check to the trustee. But that they are only entitled to half of it since we filed in June of 08. How do we get the half that belings to us back?

They were supposed to give us a portion of us stimules back also. That was in August, havent heard anything yet.

Everytime I try to contact my any one at the trustees office I get a recording telling me there are too many calls, dont expect a call back.

Is there someone else I should be contacting about this??

[JoeBankrupt33]

I was researching a case in Pacer, and in that case, the trustee took the entire amount of the refund up-front, then later sent the debtors a check for the exempt amount. I was able to see it in the Trustee's final report.

I don't know how long that could last, but I don't think you will get paid back until the trustee sends out his final report, which includes the breakdown of what he gets paid, what is sent to the creditors, and what is sent back to you. This probably won't happen until he has all of the assets he's looking for, which includes this tax refund.

Also, some states did not prorate the stimulus checks. I know for sure in Colorado that they took the entire amount.

[UhhhOhhh]

Our atty says we have to turn over our refund check to the trustee. But that they are only entitled to half of it since we filed in June of 08. How do we get the half that belings to us back?

They were supposed to give us a portion of us stimules back also. That was in August, havent heard anything yet.

Everytime I try to contact my any one at the trustees office I get a recording telling me there are too many calls, dont expect a call back.

Is there someone else I should be contacting about this??

I was looking in pacer just now - as my case isnt closed yet (been over a year - altho I was discharged last summer) to find out the same thing - and what I noticed when looking at other peoples cases is that the Trustee TAKES all this money (stimulus check, refund check etc) and keeps it in a bank account, then when he has decided he has worked out IF you even have assets and that he has gotten them all, he does a final accounting and then either disburses the money to your creditors (the ones entitled) or he refunds the money back to you - or the pro rated amount back to you. It also looked to me like IF he deemed your case an assets case, he got a portion of the money he took from you but if he deemed it a no assets case he didnt take any of it for himself. So... basically the bottom line is you dont get anything back until he closes the case.

[mountainmom]

Oh

Thanks for the answers. Our trustee is digging for every last dime. She also extends our case everytime she sneezes

I guess Ill look for it in a couple years lol

[drowningNdebt]

I'm getting a whopping $350 state back and owed federal $111. Using the rest to payoff my attorney so I can file. However, I did my taxes for my brother and he is getting $512 back. His will be deposited on my bank too. Will this pose to be a problem? He doesn't have a bank account, made very little money last year, is unemployed now, lives with me rent free, etc. He said I could keep the money to pay the rest of my attorney, there for it is a gift.

[OhioFiler]

It will be income for you.

[Mi Bankruptcy]

You should have exempted your tax return if you had room left over for exemptions. My attorney did not want to actually list them as exempt. He said.. The trustee doesn't take the return. I said good.. The trustee should have no problem with you listing it as exempt.

Schedule B Anticipated 2008 Tax return $XXXX.00

On Schedule C You would list:

Anticipated 2008 Tax Return ( if filing married)
(Husb)11 U.S.C. 522(d)(5) $XXXX.00
(Wife)11 U.S.C 522(d)(5) $XXXX.00

[mountainmom]

The atty didnt use the garage sale values of our stuff. He used full values that he pulled from who knows where. So we had to use our exemptions for household things.

He said the trusteee would flag us if we used garage sale value. But everyone I talked to afterwards said it not true.

So we dont get our tax return, stimulus and they also said we owed them $500. I just want my discharge..

[JoeBankrupt33]

I'm getting a whopping $350 state back and owed federal $111. Using the rest to payoff my attorney so I can file. However, I did my taxes for my brother and he is getting $512 back. His will be deposited on my bank too. Will this pose to be a problem? He doesn't have a bank account, made very little money last year, is unemployed now, lives with me rent free, etc. He said I could keep the money to pay the rest of my attorney, there for it is a gift.

I'm almost 100% certain that his refund will not go into your account. The federal governement will only deposit the money into an account that has the taxpayers name on it. So, unless your brother is on your account, he won't get the direct deposit. Instead, the govt will wait one extra week and then send a check.

Because he is giving it to you as a gift, it is considered income.