Tax refund

[PhillyGuy]

I just received my tax refund check, nothing has been said about turning it over at the creditors meeting. I filed in nov 2012, creditors meeting in jan, discharged in feb, but case not closed due to assest distrubution.

[gemsnroses00]

We filed around the same time as you did and that was one of the 1st things we were asked about and eventually had to turn over. Maybe your trustee looked at the previous years and decided it wasn't worth going after? If I remember correctly, if the amount is under a thousand they usually aren't interested. Personally, I would hold on to it until your case is closed, especially if it's a large refund because it is an asset. It seems like your trustee would have said something by now and fair warned you about it, but you just never know since your case is still open! You probably don't want to raise any eyebrows, but can you ask your lawyer so you know for sure? (I'm a newbie here just, my thoughts)

[btbeme]

gemsnroses is right - contact your attorney and set the check aside. If you are already an assets case there is a good likelihood of your tax check going away unless it fits under an exemption. But, that depends on the Trustee, and it could very well depend on how you received that refund.

If your tax refund is largely or wholly generated by an overpayment of withholding from your weekly paycheck, the Trustee usually sees that as income and will likely act to grab it unless it fits under your exemptions. If your refund is, say, child tax credits, it is less likely that a Trustee would be interested... But you do need to ask your atty.

No straight answer here...this can be all over the map, depending on many factors.