filed chapter 7 a little over a wk ago

[housepoor]

Some questions I guess. At the signing I remember them saying they would be exempting our vehicles and personal items and the little bit of money in our checking account. I don't remember them mentioning our 2009 tax returns, although they may have, I was in a daze. I'm calling them today to find out if they did list it as an exemption. At our origional meeting witht he attorney he acted like he could protect almost all of it if need be. My question I guess is this if they forgot to list it as an exemption can they correct the paperwork and add it. We haven't filed the taxes yet so would they have to be filed before they can be exempted. We are giving up the house so we really needed this refund for deposit/ 1st month rent on a rental home. We are in PA by the way. I also was reading on here that earned income credit probably would not be taken even if they take the tax return. Is that correct? I guess we should have waited till after tax time but we started this process over a year ago and I don't think we had much time left before we started getting sued. thanks

[keepmine]

Your attorney can amend the filing if necessary.

[StartingOver08]

Do you have a copy of the filed petition? If not, check Pacer so you have an accurate copy of what has been filed. Go through each of the pages to make sure all of your exemptions are accurate. If they are not, or there are other errors have your attorney amend like Keepmine states. http://pacer.psc.uscourts.gov/

[housepoor]

I don't have a copy, I just went and joined pacer now I have to wait for an email from them. Thanks.

[housepoor]

Looks like they didn't protect it so I got to get on the phone with them. Thing is it has my husbands 401k listed as exempt which is a little over 40 thousand so would that eat up all our exemptions.

[good2free]

No, your husbands 401K is not counted towards the total exemptions your state allows. I also have the similar amount in 401K and is protected. It does not matter how much you have in your 401K. You can even have more than 100k.

Call your attorney's office and remind them about the tax returns.
I do not know about "earned income credit". If any one knows, please let us know.

[jribe]

Looks like they didn't protect it so I got to get on the phone with them. Thing is it has my husbands 401k listed as exempt which is a little over 40 thousand so would that eat up all our exemptions.

retirement accounts are automatically exempted- they just have to be listed. It does *not* count towards your BK exemptions.

Your attorney can ammend the filing to put in the tax return. You don't even need an exact amount. Just give a best guess, or what you usually get. So, if last year you got 3k back- try 3k.