2009 Tax Refund

[Lordnite]

Hello, I am not sure if has been asked but I couldn't find a post simular to my question.

For a little background I filed chapter 7 pro se in Arizona on 1/6/09 and after getting a notice from the court that I forgot my financial management class and was about to be closed I got it up to speed and got discharged on 8/6/09. Right now one of the creditors, the trustee, and my car insurance company are having it out over some proceeds from an insurance claim for a car accident from awhile back.

Anyways my trustee told me I needed to hand over my tax refund for 2008 at my 341 which I did back in march and no issue there. I remember getting some paper work from the trustee as well just before the 341 stating I needed to hand it over (which was expected) but there was something about a portion of the 2009 refund being owed as well.

So my question is after handing over my 2008 refund and being discharged in August, is it normal for the next refund to be owed as well? Anyone's help would be greatly appreciated!

[justbroke]

No. The Trustee would only be "entitled" to a pro-rated portion of your 2009 Refund (paid in 2010). Since you filed on 1/6/2009, the Trustee could only get 6/365 or about 1.6% of any refund you received in 2010 (for 2009). That would be ridiculous!

If I were you, I'd contact the Trustee's office and ask them about the 2009 Refund. I would also remind them that you filed 1/6/2009, and they would only be entitled to 1.6% of any refund, and would they hold your case open for that? I mean, if the Refund is $1,000 they'd get $16!

Since you filed pro se you need to understand your rights and what the Bankruptcy Estate is entitled to.

[whipster1]

He is already giving advice in other threads.

[Lordnite]

Thank you justbroke, I will do that!

[FLstudent]

Quick Q... It's somewhat similar, I will be filing this Friday BK & have 3 credit cards and a mortgage that we stopped paying in august. However in sept. I revieved a $7,500 tax refund, (which I have to pay bac over 15yrs.) we were planing to get married so I used 3k for prep and deposits. Unfortunately because of issues (after 5yrs. Engaged) we are no longer together, and since I depended on part of his income to pay many of my bills... I am now stuck. I barely make enough money and ontop of that go to school full time. The res. of the money was sitting in my savings until yesterday, I paid some bills, my next terms tuition, and my lawyer fees. I closed that account as well as a joint I had with my ex. ... I am completely unsure if the BK trustee is not gonna give me a hard time considering the refund, and for some reason my lawyer is just interested in me filing so he can get paid.... Please any advise??

[justbroke]

The Trustee shouldn't give you too much trouble. The real thing they are looking for is... where's the money now. They wonder if you have it in a bank account somewhere or, literally, under a mattress.

You spent it on necessities at the time.