Income Tax Return Question

[dneil]

Oh No... We had our meeting and are waiting for discharge. My attorney delayed the bankruptcy so that we could make a final decision whether or not to do an affirmation agreement. We have decided not to reaffirm. But there is nothing on pacer showing to go ahead with discharge. Does this mean we will lose any return we have/ would have had coming to us???

[dneil]

double post... sorry

[dneil]

In other words, are we going to have to give them our return because we haven't been discharged due to our attorney delaying discharge? I am so bummed, we were hoping to do some car repairs.... crud!

[Fallonedward]

I see your in Michigan, if you used Federal when you filed your attorney could have exempted your tax refund, that is what mine did. Ask your attorney or look at your paperwork and that will tell you.

Good luck

In other words, are we going to have to give them our return because we haven't been discharged due to our attorney delaying discharge? I am so bummed, we were hoping to do some car repairs.... crud!

[dneil]

I am confused.... if I used Federal what? A federal court? Sorry, I am pretty new to this stuff. We filed back in July and then had our meeting early september. We should have been discharged already

[Fallonedward]

sorry about that. I was talking about Federal exemptions, I used Federal vs the Sate of Michigan's. In this way since my house is underwater I was able to save my refund

I am confused.... if I used Federal what? A federal court? Sorry, I am pretty new to this stuff. We filed back in July and then had our meeting early september. We should have been discharged already

[AngelinaCat]

Hi dneil: I moved your question and its responses into a thread of its own. You originally posted to another thread that has been steadily deteriorating, and your question would be buried in it.

Good wishes to you!

[dneil]

Thank You Angelina Cat.

I just emailed my attorney and asked him what the status of my bankruptcy is and what happens if I am not discharged and we have a refund this year. I also explained I have a car that needs repairs (as does my husband) and we were relying on this return to not only fix our cars but start an emergency fund should the return be a good amount. We should have been discharged a long time ago and I am just sick to my stomach now..... it is being dragged out and chances are that it is going to cost us with our refund going to the trustee for distribution. I guess I can understand if they take it, but had my attorney not filed an extension (which I did not ask for) we would have been discharged about a month and half ago. I feel like crying.... we should have been eligible for the earned income credit.

[AngelinaCat]

Call the BK Clerk at your courthouse and ask to speak to your caseworker. Have your case number in hand, as the last couple of digits in your number is how the BK Clerk's office determines who your caseworker is. Once that person is on the phone, explain your situation and that you should have been discharged by now. The caseworker may tell you "since you have an attorney, you need to discuss them with him/her." They aren't allowed to give 'legal advice'. Simply explain that you are asking a 'procedural question'--is there anything lacking in your file that would prevent discharge?

Ask the income tax question, too. Chances are that the caseworker will not be able to answer that one. But you can find out if something is lacking in your file. We were lacking a copy of our Marriage License. (DON'T PANIC. This is unusual. 'Hub and I use different surnames, and we were married in South Carolina, not Florida, so there was no record of our marriage in Florida Public Records.)

Good luck to you and let us know what you find out!

[dneil]

Okay.... in the midst of taking my kids to the dentist, I got an email through my phone. Soon as I got home I was able to open the email (I can't read it on my phone...it is too small) Here is the great news from my attorney's fingers that typed it (no, it isn't a crush.... I just love the crap out of him for being so intelligent....that is so attractive...BUT) .... anyway... here is what he said (Dneil does the happy dance and a few heel clicks to the right and left)

"You do not have to turn over your tax refund to the Chapter 7 Trustee if your case isn't discharged at the time you file your taxes so do not worry about that. When we spoke previously regarding the Reaffirmation Agreements, I requested a delay in the entry of your Discharge of Debtor so that you could reaffirm your mortgage. You then changed your mind and decided not to reaffirm. I have filed a withdrawal of that document so you should be receiving your Dicharge of Debtor in approximately 2 - 3 weeks depending on how busy the Court is. Please let me know if you have any further questions."

Not only am I getting my tax "REFUND" BUT.... I will be having my discharge very soon!!! I can almost taste the freedom friends! If I could come through this screen I would be giving away free hugs.......

"That's right all you creditors who hounded me for days, sent people I didn't know to my door to act like my long lost friend just to slap some papers in my hand that I was being sued...... I am taking back my dream, my life and you can take those credit cards and tricky offers and shove them up your hoity toity butts"

That is my update

[Freddy03]

"that's right all you creditors who hounded me for days, sent people i didn't know to my door to act like my long lost friend just to slap some papers in my hand that i was being sued...... I am taking back my dream, my life and you can take those credit cards and tricky offers and shove them up your hoity toity butts"

lol