I filed chapter 7 yesterday with DMI of about $25. Although I haven't yet filed my tax return, I know that we'll be getting a large one because my income was basically non-existent last year and my DH didn't change his withholdings (plus we have three kids).
I've read that the trustee can take issue with this and say that we actually have more DMI b/c we shouldn't have had that much money withheld. Has anyone ever actually had this happen?
My attorney told me not to file my tax return yet and to tell the trustee at my 341 that I haven't filed and don't know the exact amount of my refund. She basically told me that I *should* be able to fly under the radar and the trustee won't be interested so I'll be able to keep all of my refund. I'm in Georgia.
IF for some reason he does come back and make me change my DMI, does this automatically mean I have to go argue it with a judge? I honestly can't afford more attorney fees, and we just got a notice that our escrow is short this year and our house payment is going to go up by around $140 a month, in addition to the fact that my part-time job is basically contract so some months I make $1200 and other months I make $0. Will I have the opportunity to explain this in writing w/out having to go to another meeting?
Sorry so long...just having a "I've filed and there's nothing I can do to reverse my situation now!" freak-out session.
I've read that the trustee can take issue with this and say that we actually have more DMI b/c we shouldn't have had that much money withheld. Has anyone ever actually had this happen?
My attorney told me not to file my tax return yet and to tell the trustee at my 341 that I haven't filed and don't know the exact amount of my refund. She basically told me that I *should* be able to fly under the radar and the trustee won't be interested so I'll be able to keep all of my refund. I'm in Georgia.
IF for some reason he does come back and make me change my DMI, does this automatically mean I have to go argue it with a judge? I honestly can't afford more attorney fees, and we just got a notice that our escrow is short this year and our house payment is going to go up by around $140 a month, in addition to the fact that my part-time job is basically contract so some months I make $1200 and other months I make $0. Will I have the opportunity to explain this in writing w/out having to go to another meeting?
Sorry so long...just having a "I've filed and there's nothing I can do to reverse my situation now!" freak-out session.
Bankruptcy Wizard
Our Trustees in Florida use a special version of Form B22A (the Means Test) to figure out over and under-withholding because this is an actual source of money where people, sometimes, intentionally inflate their tax liability to qualify for a Chapter 7.
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