To fight or not to fight...update

[Kingxray]

Hi all,

We just saw our attorney regrading the statement of abuse filed by the UST. He said he is sure my dad's lawyer spoke to the UST regarding our case to try to get the UST involved. He says we are no worse off now as we were before and that we are not winning or losing at this point. He is emailing over the info that the UST requested and will wait for a response. He also said that the UST may have filed the statement just to buy more time and that is common. He also said my dad's lawyer told him that he did not intend to file an AP thusfar. So I am keeping my fingers crossed and hoping the UST accepts documentation we supplied. We're going for dinner and a beer and are going to try to relax! Thanks.

[goingcrzy]

Good luck. Keeping my fingers crossed for you!

[shabam]

I would fight it. If you're not hiding any assets, what do you have to loose?

[Kingxray]

No we're not hiding any assets, we don't have any. I believe what is in question is our witholding but we aren't sure as of yet. Either way, the lawyer says fight cuz worse case scenario is we lose and get 30 days to file a 13, so might as well give it a go. They (UST and my dad's lawyer) can twist the numbers all they like but the bottom line is that between our bills, mortgage, and my dad's judgment/garnishment, we cannot pay. I would like the opportunity to tell my story to the UST to help her understand what a ruthless s.o.b. my father has been my whole life. Anyway, thanks for hanging in there with me, I sure need the support right now.

[shabam]

You know that could very well work. Maybe, draft up a letter for the UST explaining the deal with your dad and his vendetta.

[Kingxray]

You know that could very well work. Maybe, draft up a letter for the UST explaining the deal with your dad and his vendetta.

Thanks. Our lawyer said in situations like ours sometimes he has the client, UST, and himself sit down for a face to face to answer questions and explain their circumstances. Heck, it is better than going to court. My hubby is dying to tell our side of the story. We'll see what happens next, stay tuned.

[OhioFiler]

No we're not hiding any assets, we don't have any. I believe what is in question is our witholding but we aren't sure as of yet. Either way, the lawyer says fight cuz worse case scenario is we lose and get 30 days to file a 13, so might as well give it a go. They (UST and my dad's lawyer) can twist the numbers all they like but the bottom line is that between our bills, mortgage, and my dad's judgment/garnishment, we cannot pay. I would like the opportunity to tell my story to the UST to help her understand what a ruthless s.o.b. my father has been my whole life. Anyway, thanks for hanging in there with me, I sure need the support right now.

Can you elaborate on why you think it's your "withholding"? Do you mean they are challenging your W-4 shows not enough exemptions?

[Kingxray]

Can you elaborate on why you think it's your "withholding"? Do you mean they are challenging your W-4 shows not enough exemptions?

I'm not sure I understand it myself. It is on a portion of the B22 and schedule I that was done by my lawyer's office. It has to do with our 2008 tax returns and what we claimed as witholding and being short $500.00. From what I understand, UST claims we got too much back last year, therefore we are not witholding enough, so that so called $500.00 is income. Our arguement is that was the biggest refund we got back in our life, due to the 2 houses, and are not likely to have a refund like that again. Does any of this make sense? It barely does to me. Glad we got a lawyer.

[aces67]

Good luck to you! I would fight it all the way!

[destitute]

I ran into a similar situation where the UST questioned the amount I needed to budget for taxes each month (I'm self employed so I pay directly). My 2008 actual tax due was lower due to deductions I had that I do not have going forward. I sent a letter listing line by line which items I deducted last year that I will not have in the future and why. I also use a tax program (taxcut) to do my taxes so I re-did my 2008 taxes without those deductions and sent that along with the letter to the UST to show what my taxes will most likely look like next year. I assume that did the trick because I haven't heard anything more from them and they didn't show up for my 341 like they said they would.

Maybe the same type of response would work for you

[OhioFiler]

I'm not sure I understand it myself. It is on a portion of the B22 and schedule I that was done by my lawyer's office. It has to do with our 2008 tax returns and what we claimed as witholding and being short $500.00. From what I understand, UST claims we got too much back last year, therefore we are not witholding enough, so that so called $500.00 is income. Our arguement is that was the biggest refund we got back in our life, due to the 2 houses, and are not likely to have a refund like that again. Does any of this make sense? It barely does to me. Glad we got a lawyer.

Their complaint would be you are having too much withheld, essentially hiding your cash in the US Treasury until the government refunds it to you next spring.

I would get me some TurboTax and complete a quasi-2009 tax return based on your current withholding. You should be able to show what your tax liability for the year will be with relative accuracy.

The other option is to bring out your 2008 tax return and show the court why the refund you received was an abeeration.

[ForumReader]

Please pardon my lack of familiarity as I am still new to this forum, but what does an UST stand for? I was able to figure out some other acronyms/abbrievations on this forum, but not the word, UST yet. Thanks.

[Kingxray]

Their complaint would be you are having too much withheld, essentially hiding your cash in the US Treasury until the government refunds it to you next spring.

I would get me some TurboTax and complete a quasi-2009 tax return based on your current withholding. You should be able to show what your tax liability for the year will be with relative accuracy.

The other option is to bring out your 2008 tax return and show the court why the refund you received was an abeeration.

Yes you are correct. They are claiming "too much witheld". That was what I was trying to say. I use TaxAct each year and we plan on doing a mock tax return if we have to go to court. We had an unbelievable amount of itemized deductions last year and are not likely to ever have that again, so I'm not so worried about proving that point.

Forumreader: UST stands for United States Trustee. They are the "big wigs" that you don't wan't to get involved in your case. The panel trustee or TT (I believe) is the person who asks the questions at your 341. They don't have anything to do with the UST (at least in my district).

Speaking of abbreviations, it would be great if someone set up a "sticky" regarding what the abbreviations mean, such as DH. I know it is husband but all I can come up with is designated hitter, hah Just a thought.

[Chowder]

....what does an UST stand for?

United States Trustee (I think)

[ForumReader]

United States Trustee (I think)

Thanks and also thanks KingsXray--yes that is a good idea for someone to put a sticky with all the abbreviations and acronyms for the newbies to look up