After reading on here about tax refunds being taken I checked on Pacer to see if my lawyer protected mine through exemption and it wasn't listed. We contacted the lawyer yesterday about it because during our initial interview he said we should have enough to protect it. Now when I say we called the lawyer we actually called his assistant after they get your money you can never talk to the attorney. Haven't talked to him since the initial consultation in person. You leave a message with the assistant she runs it by him and then she gets back to you. So she called back and this is what she said. She said that we had $18,000 left in exemptions that would cover it since we are not protecting any home equity (that part sounds right). She said that they won't ammend the papers now and that if we file before the 341 to call them with the exact refund (I'm assuming they would ammend it then) and that if we wait till after the 341 and it's brought up at the 341 they will let them know they have the 18,000 and can exempt it. I'm not sure why they won't just estimate what we are getting and be done with it. Does the way they want to do it sound ok? If we get to the 341 and the trustee wants to take it is there still time to fix things and cover it? I'm thinking it will be alright but am looking for some reassurance. Also if we go to the 341 then get a no assets/ no distribution does that mean I no longer have to worry about them coming back for the taxes even if the taxes don't actually get listed on paper as an exemption. I guess I'm confused because she acted like they would just tell them at the 341 that we had the $ left to protect it but didn't mention about then ammending the paperwork to have it all documented.
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Sounds like the attorney is taking the easy way out. In my experience, I would have the petition amended before the 341 because if it is not in writing it does not exist! It is better protection for you and you are the ultimate person responsible for what is on your petition. Don't let the attorney or the legal assistant get lazy. JMO.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way.. -
See that was my thought too. She did say to call if I file before the 341 so maybe I'll do that so they have the numbers and have to ammend it then.Comment
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