Large Tax Refund after Discharge & Closed

[boston5]

We were asked in our 341 meeting if we expected a tax refund as large as our 2009 refund (7500.00) . My husband and I answered No, that we did not expect one that large due to our small home based business not earning nearly as much money as in 2009. We wouldn't have all the deductions because we hadn't spent as much as usual...The trustee just said okay and moved on to other things. At the end of our meeting I asked my attorney if he would want our 2010 tax refund. She stated no, he was abandoning all assets. Well.. we were discharged on 2/23 and our case was closed 3/10. YEAH for us!! I got all my tax info ready to file.. and our accountant called to let us know we would be getting back $7800.00. This was very unexpected!! Great.. because we can now finally start a nice saving account to start this new chapter in our lives... BUT.. I 'm worried that the trustee might come back and take it.. Does anyone know if I can stop this worry?? I just want a FRESH start and really didn't realize that our refund would be this large.

[ScaredINMich]

I am interested too...We may be in the same position. We did claim that we planned to get about a $5000 refund and claimed that in our wildcard, but it could be more than that.

[747LUVR]

Boston5- Hey, IMO, you should be in the clear, b/c at the time of your 341, you truthfully answered to the best of your knowledge you werent expecting anything large, and afterwards, your cpa gave you some much needed news, I dont see how you lied, but consult your bk atty before spending it to play it safe....At our 341, the trustee didnt ask us about our 2010 return, heck I had copies to hand over and they said 'no thanks'...go figure. With the EIC we got the $3050 max credit refunded, but have since read that under ss 222.25 that is off limits to the UST, but we havnt touched the remainder, about $700 in case they come calling. Wouldnt the UST tell us at the 341 they would want our tax return $$? Pacer said current status is 'waiting for discharge'....is that good news too? Would it say otherwise if there was any problems? Thanks for anones words of wisdom out there!

[Meatstick]

Boston5- Hey, IMO, you should be in the clear, b/c at the time of your 341, you truthfully answered to the best of your knowledge you werent expecting anything large, and afterwards, your cpa gave you some much needed news, I dont see how you lied, but consult your bk atty before spending it to play it safe....At our 341, the trustee didnt ask us about our 2010 return, heck I had copies to hand over and they said 'no thanks'...go figure. With the EIC we got the $3050 max credit refunded, but have since read that under ss 222.25 that is off limits to the UST, but we havnt touched the remainder, about $700 in case they come calling. Wouldnt the UST tell us at the 341 they would want our tax return $$? Pacer said current status is 'waiting for discharge'....is that good news too? Would it say otherwise if there was any problems? Thanks for anones words of wisdom out there!

The TT would be the one wanting to attach your tax refunds not the UST. For the most part if the TT makes no mention at your 341 of wanting your refund and you have now been discharged and closed as a no asset case you are in the clear. I haven't heard of many people posting here saying they were discharged and closed but still had to surrender there tax refunds. Discharged and then having to send your tax refund in but not discharged and closed.