Trustee's Report of No Distribution does that mean my Tax refund is safe? The trustee asked what we did with last years, which was make house payments and I plan to do that again. If we have direct deposit, will we just not get it? I am confused about the whole tax refund stuff.
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If Pacer says........and tax refund???
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If you received a report of no distribution and the trustee did NOT ask for a copy of your 2009 tax returns...you should be safe. The report he filed is telling all your creditirs that there will be no anticipated assets to distribute and that he is abandoning your your property. If you read the report, it should say all of this in legaleez.
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I am really confused about that too, and haven't gotten a straight answer. Our TT filed a Report of No Distribution immediately after our 341 and never mentioned our 2009 return. A week after the 341 our lawyer sent a letter saying we had to send the refund. She said the TT would send a letter asking for it in December. We haven't heard anything yet. Keeping our fingers crossed as we usually have a $4,000 to $5,000 refund. We exempted $2,000.
It is my understanding if the No Distribution is filed they don't want it, because they are essentially telling your creditors there is nothing they are getting. I can't see them filing that and then several months later when the refund comes turning around and distributing money.Filed: July 31, 2009
341: September 4, 2009
60 days: November 3, 2009
DISCHARGED!: November 6, 2009
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Originally posted by mama2three View PostI am really confused about that too, and haven't gotten a straight answer. Our TT filed a Report of No Distribution immediately after our 341 and never mentioned our 2009 return. A week after the 341 our lawyer sent a letter saying we had to send the refund. She said the TT would send a letter asking for it in December. We haven't heard anything yet. Keeping our fingers crossed as we usually have a $4,000 to $5,000 refund. We exempted $2,000.
It is my understanding if the No Distribution is filed they don't want it, because they are essentially telling your creditors there is nothing they are getting. I can't see them filing that and then several months later when the refund comes turning around and distributing money.
That is about what we get too so I usually get our house paid through until summer.Filed 8-21-09
341 10-9-09
12-14-09 Discharged
12-29-09 CLOSED!!!
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This is just one of those topics that is so District-specific, that it's hard to provide an answer for everyone. At least, there are only two answers.
Generally speaking, if the Trustee didn't ask for your 2009 Income Tax Return and/or your 2009 Income Tax Refund, then you are usually safe to assume that you are not required to surrender any refund. Also, many (smart) attorneys factor your average income tax refund into your income on Schedule J and the Means Test (B22A). This basically makes any refund moot!
Best of luck to all you hoping to keep your 2009 Refund!Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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At my 341, the Trustee opened with a statement saying he gets all 2009 refunds no exceptions. He said "I say this at the beginning of every meeting and every year there are people who think it doesn't apply to them. I will come after you. You can not get away from me." So after that warm & cheerful message, I thought Pacer would specifically mention tax refunds. The day after the 341 he filed that I am a no asset case (YAYAYAYAYAY) with no mention of tax refunds. Now, I know I will get about 4k back, and I'm certain he knew that as well from copies of the last two years tax returns. I don't expect I'm going to get to keep the refund even though there was no mention of it in Pacer. I guess it differs a lot by district. I'm in the Western Dist Oklahoma. I would absolutely love to be wrong and get to keep it!!!!Stopped paying CCs 1/1/2009
Filed 10/2/2009 341 11/8/2009
Discharged! 1/13/2009 I can hardly believe it....
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