Nervous in OR

[bktmom28]

So, I know I have posted a couple other threads regarding this, but I am still nervous. We filed CH7 10-12-2009 as an asset case pending our tax refund. We were about $40000 under the means test. We were discharged 1-12-2010. We filed our taxes which were $2700 refunded from federal and $265 owed to state. Last date for creditors to file claims was 3-3-10. TT received check from IRS on March 1st or thereabouts. Requested us to send 2009 Tax return as it was not sent with check from IRS. On Monday she contacted our attorney requesting our last 2 paystubs prior to filing, which I know we turned in before our 341, but whatever. On our return, it had our yearly income of course, as well as 401K distribution we received in the beginning of the year. The total amount shows it was $5500 though we only received $3400 after taxes and penalties. It was going to be used so that I could start taking college classes but ended up going towards our rising mortgage rates and cc payments. Also on our tax return we had to claim $1800 in income that I received from work I did over the Summer, work my husband did and also I received a permanent job cleaning after we filed. I however did not receive a check for my services until after our 341 and I didn't tell the TT at our 341 that I had been offered a 9 hour a week job. Honestly, it didn't even cross my mind and she also didn't question the hardship withdrawal. What I am wondering, is if she got our tax return and sees these 2 items on there in addition to my husbands normal yearly income, if she is going to come after us for that. From what I have read, it seems as though we did nothing wrong,but I still don't know. Any tips would be greatly appreciated.

[SMinGA]

Was probably a paperwork snafu that she needed the check stubs again. If you had not turned them in, it would have come up at the 341 hearing or certainly before discharge.

Normally - as I understand it - the part of the refund that is part of the estate is based on when you filed. So mid 10/09 would be about 9 1/2 out of 12 months. But perhaps since your income figures changed throughout the year, the TT is having to do a little more work to figure out the fair way to split the refund?

[bklost]

My wife and I will file in a few months in OR. We are in Central Oregon and looking for any feedback on the Trustee or any other info you may have regarding your experience. Thanks

[bktmom28]

Well, I am not sure what TT you would have. We had Candace Amborn, and from everything I have heard, she is tough. The other TT that serves our area is David Wurst and I have heard he isn't near as tough. Our experience thus far has been ok. From what I can tell, OR has tough BK exemptions amd it is harder to file here than in other states, room for TT to take more assets etc...Let me know if you have any specific questions as it is such a broad topic. Thanks!