Help Horrible 341

[LimpDisc]

I'm trying to figure out how one gets taxes filed by 02/01/2010. Tax documents don't have to be legally delivered until January 31st and we always get something late. Crap, our stupid HSA delivered something to us in June labeled "Important Tax Document" on the envelope.

[Meatstick]

Limp, one option you have is to file with the documents you have acquired by Feb 1, the date you listed. If you are missing any documents you can then file an amended return when the missing documents arrive.

I suspect you want to file by Feb.1 so you can get your return and then file your BK in the chance to keep the return. Not sure if thats the case just what I suspect.


Meatstick

[TBLTZ]

My wife and I had our 341 meeting. The trustee took $1800 that we had in our account the day we filed and we have to file our tax return by 2/1/2009 and any return goes to the trustee. Not expecting to get a return so no big deal. Trustee was cordial which was good, then the bad came.

Then when creditors come forward someone with the trustee office comes forward about something on our return. We did not pick this up when we signed but it seems our attorney used our net income and not our gross income to calculate our salaries. Now he has to redo it, and the lady who was there from the trustee office said that would put us over the median and our attorney said our expenses will but us where we need to be.

Now our attorney has to redo the paperwork to prove we qualify. How did we miss this and how did our attorney put in the wrong numbers! Our attorney says not to worry but I have always worried about the means test as we make about $90k a year between us and I am not sure how the median/mean thing works. That and having to raise $1800 by December 1st (our attorney asked that it be close to our dismissal date of 1/19/09 but the trustee said no way). Wasn't as easy as I thought.

So make sure if you have an attorney due your paperwork to check, recheck and check again. Lesson learned. Are we just stressing out too much or will this work out you think?

How did they know you had 1800 when you filed? Did they see it in your bank statement or ask. I had a lot of money in my account when i filed but they don't have that bank statement.

[jadams]

How did they know you had 1800 when you filed? Did they see it in your bank statement or ask. I had a lot of money in my account when i filed but they don't have that bank statement.

Your petition should reflect the different bank accounts you have and their balance at time of filing.

Right at the beginning of Schedule B. Line 1 is "Cash on Hand", line 2 is "Checking, savings, or other financial accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives".

[want2save]

My lawyer advised me to have little or no money in my account on day of filing. I explained all the funds were automatic social security deposits and he told me that was fine, they were exempt. The trustee did not blink an eye at the 341 and I continued to pay my bills from the account.

Filed Chapterr 7 May 2009
341 in July
Discharged in Sept

[LJoutWest]

How did they know you had 1800 when you filed? Did they see it in your bank statement or ask. I had a lot of money in my account when i filed but they don't have that bank statement.

At the 341 we had to supply the Drivers License, Social Security or W2 (we did the Social) and a copy of our bank statement on the date we filed. It was from that statement that the trustee got the amount. We were to have filed two days before and then our account was at a 0 balance but if I remember right the attorney had to redo something and missed that date and filed right after my direct deposit.

Yes, I questioned the 2/1 date as well for the same reason. Haven't heard back from the trustee on that. We make too much without a house to not pay taxes.

On a side note, should we alter our taxes so they don't deduct or just leave it the way it is? My wife has paid extra until now but wants to adjust her deductions through the end of the year. I'll leave mind at Married and 2 which ensures I'm probably not deducting enough.

[southernbelle]

My lawyer advised me to have little or no money in my account on day of filing. I explained all the funds were automatic social security deposits and he told me that was fine, they were exempt. The trustee did not blink an eye at the 341 and I continued to pay my bills from the account.

Filed Chapterr 7 May 2009
341 in July
Discharged in Sept

My atty told me the same thing and I filed the day before my direct deposit hit my bank account so the day I filed my account balance was in the negative.

[OhioFiler]

My atty told me the same thing and I filed the day before my direct deposit hit my bank account so the day I filed my account balance was in the negative.

In this case does the trustee write you a check?!

[Calthius]

Just a question. I am assuming that you are not paying any CC or other unsecured debt. Your net income is 6,900 a month. Where is it going? Not being judgmental or anything just curious.

[LJoutWest]

Not sure on how our income matters right now. At filing $3500 month house payment; $350 car payment; $600 a month on a secured loan that my mother-in-law put a CD up for that is being reaffirmed; $500 a month in medical bills; $350 a month car payment; $1000 a month for food (I require a special diet due to a medical condition); gas $200 a month; credit card debt was $400 and student loans $600 for both. The only thing different is now we rent for $1700 a month.

[Lajazz947]

Don't worry too much. The same thing ( well almost the same thing) happened to me when my attorney did not notice that I was 1099'd and not W-2'd so I did not get the benefit of business expense deductions. those deductions brought me to where I needed to be.

And he was experienced!!!!!

We just refiled the schedule and amended. All that happened was that it took longer.

Now, that does not mean that you don't stress. Tthe longer it takes the more stress but in your case it almost seems like a simple restatement of income. In my case the TT thought that I was hiding something.

Does not sound like you have cause for worry in your case.

Good luck.

[LJoutWest]

Thanks LaJazz. After seeing what the Trustee office wants more information on and a refiling of our schedule we come in ok (I think). I'll be glad when this is over. Thanks again for the support.