Filed, discharged, now see I'm getting a 2009 tax refund. What to do?

[NewLifeHere]

This forum has been very helpful and supportive for me throughout my Chapter 7 experience.

While this topic belongs more in the "After the Discharge" section, I can't find a proper subcategory of forum, so I'm posting it here.

My Ch 7 was discharged a couple of weeks ago. Now that all that's out of the way I finally had a chance to do my 2009 taxes. Because of all the various economic recovery credits last year and due to my low income, I see I'm due a refund of about $5000.

That would be awesome news, except that when I filed Chapter 7, I stated that my anticipated tax refund was zero. And looking back at the paperwork, adding $5000 to my assets at time of filing would push me from being a no-asset case to an asset case.

I really didn't think I was getting a refund when I signed my BK paperwork under penalty of perjury. During the 341 hearing, the trustee never asked about a refund. So as far as I know, I haven't violated any laws.

Do I need to do anything at this time? Do I need to refile or amend my Ch 7 case, even though discharged, to show I'm getting a refund?

Also, does anyone know if the IRS will alert the BK court that I'm getting a refund? And what are the consequences?

Thanks. I'm trying to remain legal here, but also preserve my refund if possible. I also don't want to pay more attorney fees to refile or amend. I appreciate your help!

-Dave

[scorpion35]

This forum has been very helpful and supportive for me throughout my Chapter 7 experience.

While this topic belongs more in the "After the Discharge" section, I can't find a proper subcategory of forum, so I'm posting it here.

My Ch 7 was discharged a couple of weeks ago. Now that all that's out of the way I finally had a chance to do my 2009 taxes. Because of all the various economic recovery credits last year and due to my low income, I see I'm due a refund of about $5000.

That would be awesome news, except that when I filed Chapter 7, I stated that my anticipated tax refund was zero. And looking back at the paperwork, adding $5000 to my assets at time of filing would push me from being a no-asset case to an asset case.

I really didn't think I was getting a refund when I signed my BK paperwork under penalty of perjury. During the 341 hearing, the trustee never asked about a refund. So as far as I know, I haven't violated any laws.

Do I need to do anything at this time? Do I need to refile or amend my Ch 7 case, even though discharged, to show I'm getting a refund?

Also, does anyone know if the IRS will alert the BK court that I'm getting a refund? And what are the consequences?

Thanks. I'm trying to remain legal here, but also preserve my refund if possible. I also don't want to pay more attorney fees to refile or amend. I appreciate your help!

-Dave

i would just sit tight and see what happens .dont spend it just in case.
but just to be safe maybe u should call your lawyer and get his/her opinion

[newbie2]

Contact your attorney. He would be the best to advise you. Since you stated you didn't anticipate a refund and you didn't file til well after April 15th it may make a difference in how this is treated. I wouldn't take any chances and would call my attorney.

[NewLifeHere]

Thanks for the advice. I left a message with my attorney but haven't heard back from him. (I also don't want to pay this guy any more money).

Has anybody else on this forum had a similar experience re some sort of late "windfall"?

Thanks!