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Learned something today about Taxes

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    Learned something today about Taxes

    About a month after our 341, our Trustee sent us a note about our income taxes. Saying some thing to the effect of the Trustee would not close our case until we filed our taxes and submitted copies to him. He wanted to remind us this was a condition of our BK.

    I found out today, that paper we signed allows the Trustee to incercept our refund checks. Instead of sending the refunds to us, the IRS and the State will send our checks directly to the Trustee. If the Trustee decided to go for our refund, he keep the checks. If the Trustee decides it isn't worth the hassle, he will send the original checks to use.

    That's for both State and Federal returns.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    #2
    Yeah the Trustee has a right to the refund as it is disposable income to pay back the creditors, for example when i was in ch13 the trustee expected any and all refunds from state and federal, he would only leave me with $250 if i received a refund over that amount. IF it was $250 or less he wouldn't touch it. Every Trustee in every state is different though, most ask for any/all refunds some dont even bother with it.

    Best Wishes, others will chime in here with their views, Catchmeifyoucan
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

    Comment


      #3
      We have discovered the same thing. We have enough exemption to cover most of our return. I'm hoping the trustee gets our return to us in a timely manner, but I really doubt that will happen.
      Filed: 10/26/2006
      Discharged: 03/05/2007
      Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

      Comment

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