Tax Refund Question "AGAIN"

[EdytaHome]

I know we have asked many many many questions regarding tax refunds but I would really appreciate if someone could answer this, thanks in advance.

If my lawyer included my refund in my federal "wild card" exemption and the trustee didn't ask for it at the 341 meeting, do I still have to remind him about it? If was obvioulsy listed in my bk petition.

What happens if you just don't call the trustee to tell them about your 2006 refund?

Todd, HHM?

[EdytaHome]

What happens if you just don't call the trustee to tell them about your 2006 refund?
Anyone?

[HHM]

When did you file BK, in 2004 or 2005?

If you filed in 2004, you shouldn't need to do anything. If you filed in 2005, you will, at a minimum copy the trustee on your tax returns for 2005 when you file them in 2006.

If the trustee does not object to the use of the exemption, you should be ok.

[EdytaHome]

We filed in Jan 2005 and are awaiting our discharge in mid April or early May. We included our refund $3000 in our bk paperwork and my lawyer listed it under my federal exemptions.
If the trustee wanted the refund he clearly would only need to object to my exemption, isn't that correct? Thanks

[HHM]

Basically, yeah

[robivi3]

Edny I'm not sure what stage your BK is at but I can only go by my lawyer, so this is for everybody, not so much a response to your question. My Attorney has been in his practice since 1982. He has stated to me without a doubt that once a case is closed, it is closed. I read so much about folks calling the Trustee. As he has told me, he has never had a case where once it is closed (we are not talking about fraud cases, just run-o-the mill BK's) the Trustee comes back seven months later and snatches a return. The Trustee has all of your information, he can look up your return on the IRS website with less problem than you or I. He can get financial information on us that WE cannot get.

This guy is your adversary, I do not understand why so many people are wanting to contact him and explain things or ask if they should give him $$$$$ or their tax return. He is a private practice lawyer usually he owns a large firm. He will show up in Court PURPOSELY in an off the rack JC Penney suit. That is so that numbskulls like me think he is just a five figure Federal Employee. When you see him on his own turf, it's alot different! People, do not call the Trustee, deal through your lawyer until you have a signed agreement and a plan that is in force. Abide by the agreement then.

If anyone wants to give away money, pleeeeeeeeeaaase let me know, I can sue and you can agree to give me your return!

[BrokeCh7]

How much info

To Robivi3

Can your trustie really get your tax return on line. I thought that only i can do this.

[EdytaHome]

I agree!

I absolutely agree!!! I have been reading everyone's posts for the past 4 months and I can't believe that so many of you are actually calling the trustee offering him money. It's not your job to volunteerly give him money, it's his job to ask you for it... That's what he's after, isn't it.
We are all filing bk because we are in financial hardship, you get a tax return because you overpaid the government on your taxes or because you have a certain amount of exemptions, such as child credit and so forth...
Personally, I will not call or give away any money to the trustee until he asks for it, and if it's 10 months down the line, so be it. I'm sure it will be spent by than.
My lawyer never told me to supply the trustee with future tax returns so if the trustee asks me why I hadn't done so I'll tell him my lawyer didn't advise me to do so.

[robivi3]

The Trustee has your SS#, filing status and in my case had the expected return amount. That is all he needs. He also has access to many things that we do not know about.

My wife is a Paralegal (the last time she worked in the field was 1987) and she can tell you that even Attorneys then had access to alot of info that would surprise us. Imagine a respected friend of the US BK Court in our day and age and factor in his "need to know" and couple it with new laws enacted since 9/11, I can assure you that he dig very deep if he desires...

[vic6string]

One other thing that many people forget or just never really think about: your Trustee is VERY busy. You are not his only case. You aren't his only case that day. You aren't his only case that hour. You aren't his only case in any 10 minute time frame many times. This is something that upsets me about those CSI shows. You know where they have the entire CSI team working night and day on 1 case for like a week. That is BS. If they did that, we could only prosecute maybe a few dozen people a year. They spend extra time on the big cases, and blow off what they can blow off. Your Trustee is no different. If something about your case really stinks (like you drive up in a ferrari, wearing an Armani suit and gucci accesories and are wearing a 5 carat diamond ring but you list your assets at under $1000) then he may spend a few extra minutes on it. They know what to look for. There are many tell tale signs of fraud. They can't find every little detail to every single case even if you hired 10 times as many people as they have now. So as long as you are not working some major scam, don't worry.