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Unexpected Tax Refund after ch 7 Discharged and Closed

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    Unexpected Tax Refund after ch 7 Discharged and Closed

    Can trustee take unexpected refund after Ch 7 Closed and discharged as no asset?? When we met with our trustee in December he asked if we thought we would get a refund. We said no because we had cashed out 401k and would need to pay penatlies, plus unemployment had no taxes taken out. He said ok and closed the case and we have been discharged as well on same day in February. Well....We just filed our returns, we waited until the last minute fully expecting to have to pay in and make pay arrangments to IRS and found out we get money back instead. Can Trustee take this money?

    #2
    Originally posted by tlcabk View Post
    Can trustee take unexpected refund after Ch 7 Closed and discharged as no asset?? When we met with our trustee in December he asked if we thought we would get a refund. We said no because we had cashed out 401k and would need to pay penatlies, plus unemployment had no taxes taken out. He said ok and closed the case and we have been discharged as well on same day in February. Well....We just filed our returns, we waited until the last minute fully expecting to have to pay in and make pay arrangments to IRS and found out we get money back instead. Can Trustee take this money?
    Your trustee shouldn't take your refund since your case has been discharged and closed. Your refund should be yours to keep
    Chapter 13 filer since Feb. 2018 under a 60 months payment plan
    Please think positive and do not give up!

    Comment


      #3
      you answered honestly and found out later that you were mistaken. that's life. if the trustee wanted to wait to make sure he could have done so. he chose not to and to trust what you thought would happen at some point in the future. he didn't tell you to inform him in case you were mistaken. so i would enjoy that money if i were you.
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09

      Comment

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