We filed chapter 7 on July 30th...had 341 on Sept 14th and should be discharged on Nov 15th. I was under the impression that after discharge for 180 days the trustee was entitled to any large amounts of money you receive. I also thought that the trustee could claim part of the tax refund we would get in 2011 that would actually be for year 2010. When I asked my attorney he says this isn't true??? I don't think he understood my question????
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Unless there is an exemption in your jurisdiction, the Trustee is entitled to a pro rata share of your 2010 tax refunds. Since you filed on July 30th, he can take 7/12ths of the refund. But, you already know this as he would have either mentioned it at the 341 or would have advised you of this by written communication. If in doubt call him.
As to the other issue, the ONLY "after acquired" assets he gets that you become entitled to within 180 days of the filing date are 1)inheritances/death benefits and 2)property settlements arising out of a divorce. See 11 USC 541(a)(5).
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