Differences by state on tax returns?

[eventsdj]

It just seems odd to me that there are so many differences in tax return requests/non requests?

I read so many trustees are telling people at their 341's to hand them over, send them in asap..etc.
We were not even questioned about ours, were determined no asset/no distribution.

I know it depends greatly on your exemptions, etc., but does it vary by trustee/state? Seems it would be more uniform across the country.

No one in my group of 341's (about 10 of us) were asked for tax returns, or even if were expecting to get one.

Just curious... Have a great Sat. night! This is my first one POST 341, and I feel so much lighter.. by one monkey on my back!

[LimpDisc]

Prior to starting our 341 Meeting the trustee made a comment that made it pretty clear that tax refunds would be taken. We only had 2 groups in front of us and neither was asked about tax refunds. We were asked about getting a refund, but the trustee already knew we didn't usually get refunds. He wanted to make sure this year would be no different.

[eventsdj]

We exempted $2000, and it looks like we may get a little more (mabey by $500 to $1000).

At what point will the trustee ask to see this? Our lawyer says we have room to amend if we get more back, but it seems to me, our trustee was just done with us.
This may be wishful, hopeful thinking, but I have no clue!

[BobMango]

We exempted $2000, and it looks like we may get a little more (mabey by $500 to $1000).

At what point will the trustee ask to see this? Our lawyer says we have room to amend if we get more back, but it seems to me, our trustee was just done with us.
This may be wishful, hopeful thinking, but I have no clue!

Good question, we exempted $3,500 for our return, but it could be higher. The trustee declared us a non-asset case and gave no instructions as to whether we need to turn over any excess refund. Our discharge is slated for Feb 1. I'm going on the assumption that we are done at that point and any funds received after that are ours (excepting the situations covered by law regarding inheritance, etc.)

[backtoschool]

Whether your tax return will be taken by the trustee is district specific. In my district the Trustee has to ask specifically for the tax return at the 341. In other districts, the trustee takes all tax returns as a matter of procedure. Your attorney will know what the policy is for your district. If you have available exemptions, it is always a good idea to exempt your return just to be safe.

[Meatstick]

Since it is tax time and some of us will be filing in the near future filing, receiving and spending the prior years returns needs to be addressed on this forum as well. It appears to me that most but not all attorneys are recommending to file and receive your return. Then spend it down on allowable items and exemptions if available and be prepared for the TT to make claim to your 2010 return. Most of what I have read on these forums pertains to those who already have had there 341 and not filed there 2009 returns.

[dms0122]

I too, would love to know if I could file and spend on the allowable items between the filing and the 341 meeting. I have sent an email to my lawyer asking this but she has yet to get back to me. I am planning on filing at the end of January, receiving tax refund around February 15th, and paying propety taxes with the refund ASAP. Is this advisable?

[bktmom28]

When we had our 341, the TT said she was changing us to an asset pending our 2009 Tax return. This gave the creditors until March to file their claims. We were discharged on the 12th of January and contacted by our attorney that we did not need to do anything else. She said, as far as we need to be concerned our case is closed. I really have no need to doubt her. She has been an OUTSTANDING attorney through all of this. I did verify with her that we didn't need to send our tax returns in and she said no. I asked if the TT would come after us for our returns should we not send them in, and she confirmed 3 times that no, she wouldn't. The amount we are getting back is not substantial enough an amount to even go after for the TT. She said the creditors will continue to submit their claims however for their own tax purposes. They have to show that they attempted to collect some monies to get their tax write-offs. I will just file my taxes as usual and hope that she is correct, because I am not about to contact our TT. Only wanted to talk to her once, and that was that!!! I would think that if you were "No Asset", once you are discharged, you are done! It seems as though there are so many BK's going on right now, that they are overwhelmed!!!!