Release My Income Tax Refund

[vaslimkat27]

My Bankruptcy Trustee took my income tax refund. He never filed a motion to obtain the property. My income tax preparer forwarded them directly to him. I never even saw the checks. I exempted my federal return for $1,875 and state return for $493. Virginia Wildcard Exemption entitles me to up to $5,000 of any unused homestead which is the exemption used on Schedule C and forwarded to the Trustee within 5 day of attending my 341 Meeting. It has been over 10 months since we concluded the 341 Meeting and my refunds have not been released. Can I still file a motion requesting they be returned to me? By the way I also received a notice last week stating my case is closed but my discharge is being held due to non-receipt of proof of my completing my post credit class. So I have entered a motion to file the certificate and obtain discharge. Not sure if that makes a difference.

[lrprn]

By the way I also received a notice last week stating my case is closed but my discharge is being held due to non-receipt of proof of my completing my post credit class. So I have entered a motion to file the certificate and obtain discharge. Not sure if that makes a difference.

First, I assume that you filed pro se (without a lawyer). And if I understand what you just said correctly, you didn't file the completion certificate that you completed your second required debtor education course or you filed it but the courts didn't document it. If that's the case, then yes, that makes a *HUGE* difference. Your case very likely stalled in limbo with the trustee holding your exempted income tax refund because of this.

If you haven't taken the required post-filing debtor education course yet, get it done asap and get the certificate filed asap. If you took the course, but didn't file the certificate with the courts, then file the completion certificate with the court asap. If you already filed the certificate but the courts lost it, then refile it asap.

Frankly I'm surprised your trustee hasn't dismissed your case for not meeting this requirement up to now.

[justbroke]

I'm surprised as well that your case hasn't already been dismissed. You need to get on top of this missing certificate. You may also need to file a Motion to Compel Turnover, or somesuch, to get the Trustee to return your refund.

Are you sure the tax return was ever actually "filed" with the IRS?