Unexpected Tax refund

[05mag]

At 341 meeting trustee asked if we recieved tax refund last year, told her no. Then she asked if we expected one this year, answered no. We were discharged in Dec 2010 but not closed as we are making monthly payments for non exempt items. Now I find out we are going to get a small tax refund ($400), so do I have to notify the trustee of that , does it become part of the BK estate?

[free2breathe]

As much as you would hate to do it, I'd suggest contacting your attorney and asking. Technically (assuming you filed around Sept.) about 3/4 of that refund technically belongs to the estate. If you didn't have other payments for non-exempt items, they probably wouldn't take a second look, but it's always better to be safe than sorry.

[05mag]

Well I called our attorney and he said to get him a copy of our tax return for the file in case the trustee does want to file for it, but not to contact the trustee. So I guess I'd better not spend it for awhile.

[scooter6251]

We were discharged this month. At our 341 meeting in Oct, our Trustee never mentioned our tax return. We assumed that since he had our 2009 tax returns and could see we had to pay tax last year, that was why he didn't ask. Surprise, last week, we got a letter from Trustee asking for a copy of this year's return as soon as it is prepared and for us not to spend any refund we might get until he advises us either way. Well, looks like we'll have to pay some, so nothing for him or for us.

[SunshineGal]

I think this is pretty standard in FL, we have to send ours in too.

[free2breathe]

We were told to send a copy of our return as soon as it was filed, send the paper check unsigned, etc. I filed as soon as we had my husband's W-2 so we could get this over with. Checked with the IRS today, and our refund was actually frozen due to the bankruptcy. They said they needed to contact the trustee for further instruction. I wasn't surprised, just wanted to get it all over and done with so he can distribute the funds and close us out.

[chicagoannie]

We were discharged this month. At our 341 meeting in Oct, our Trustee never mentioned our tax return. We assumed that since he had our 2009 tax returns and could see we had to pay tax last year, that was why he didn't ask. Surprise, last week, we got a letter from Trustee asking for a copy of this year's return as soon as it is prepared and for us not to spend any refund we might get until he advises us either way. Well, looks like we'll have to pay some, so nothing for him or for us.

scooter - were you guys a no asset case? And the trustee asked for your refund AFTER your discharge? That has me scared. I want my refund.

[chicagoannie]

We were discharged this month. At our 341 meeting in Oct, our Trustee never mentioned our tax return. We assumed that since he had our 2009 tax returns and could see we had to pay tax last year, that was why he didn't ask. Surprise, last week, we got a letter from Trustee asking for a copy of this year's return as soon as it is prepared and for us not to spend any refund we might get until he advises us either way. Well, looks like we'll have to pay some, so nothing for him or for us.

scooter - were you guys a no asset case? And the trustee asked for your refund AFTER your discharge? That has me scared. I want my refund. I thought I was home free after the report of no distribution.