Some questions on the discharge process

[IambrokeinGA]

I have a couple questions that are pretty simple . . . I think . . . but wanted to understand a little more if anyone can help.

We are expected to be discharged by the end of December . . . 341 hearing was at the end of October. During this time does the Trustee look at your bank accounts and monitor your spending/income? I am thinking they have access to our accounts but not exactly sure if that is the case or how this all works. If they do what are they looking at?

And on this same subject once you are discharged do they continue to monitor you? For example say you receive an inheritance within the 180 days of filing (and after you were discharged) how are they informed that you received an inheritance? Or is it that you just need to be truthful and bring this to your lawyers attention? I am not expecting an inheritance I am just curious about the process and what access the Trustee has to your finances.

Next question is in regards to your tax refund. I am probably going to get a refund this year and this would fall within the 180 days of filing. Are you told before your discharge whether or not the Trustee is going to take your refund? Or are you discharged and then 3 months later when you file your taxes and you get a refund does the Trustee drop you a note and say "I'll take that please".

We filed on 9/28/11 and if I waited to file taxes until 4/15/12 that will just be over 180 days since I filed. Would the refund not be something the Trustee could take? Or is it looked at as the refund was part of 2011 so it is for the Trustee to take no matter when you file your taxes.

Thanks

[AngelinaCatHub]

Unless you have some outstanding odd points to flag the Trustee, he is not going to follow you around. No doubt he has more on his plate than you. By your tax returns he has seen, based on last years overpayment, he "could" ask for it but then it would turn you into an asset case and that is big paperwork for him. If it is less than a grand he probably will not bother. As far as things as inheritance in 180 days, he probably would never know, however, if found out, he could cause your BK to be reopened and you might get a sanction for holding that information back. It is best to be up front with the Federal Court System.

I think though that you are worrying about things that have not and will not happen. The stress in the process is enough so worry less, enjoy your new start. 'Hub

[IambrokeinGA]

That makes me feel better. We are a no asset case (as of now). My return was around $2,000 last year and about $6,000 the year prior. So maybe the Trustee sees my $2,000 refund as something not worth taking.

[GIn]

If the Trustee did not ask about your tax return at the 341 meeting I wouldn't worry about him taking your refund.