Chapter 7 - Tax Refund

[SCBKOH]

Filed Chapter 7 on 10-30-09 (pro se). Discharged 02-09-10. Case is not closed yet. Preparing tax return and I believe I may get a refund (for 09 taxes filed in 2010). At 341 meeting, trustee asked about Fed and State Refunds from 08, received in 09. They were listed on schedules as required, and exempted, so no problems there.

Since my case is not yet closed, do I need to be concerned about any potential 2009 refund I may receive? Do I need to let the trustee know if I am going to receive a refund? If so, will I be able to amend my exemptions at that time too?

Should I wait as long as I can before filing in the hope that my case is closed prior to April 15?

Thanks for any input.

[freakedout]

I'm in a similar situation. We filed in December, 341 in January and we should have been discharged a week ago. ( Not showing on pacer yet.) We were no asset. This weekend I do our taxes and we are getting a very large unexpected refund. All of the sudden this morning pacer shows we are an asset case. I'm assuming some how they must be able to see that we filed and are getting a refund. Because we have no other assets -its got to be our refund. I'm calling our attorney this morning. I will let you know what I find out. We did exempt $5000 so I assume we will get to keep that and give them the rest.

[SCBKOH]

Thanks for your post. I am curious to find out how it works out for you. We filed pro se and did not exempt any of our 'expected' refund. Our refund will not be as large as yours, and we are already discharged, but not yet closed.

At our 341 meeting we received a letter stating that if we find out within 180 days that we are to receive a refund of more than $1,000 we must notify the trustee.

[justbroke]

Filed Chapter 7 on 10-30-09 (pro se). Discharged 02-09-10. Case is not closed yet. Preparing tax return and I believe I may get a refund (for 09 taxes filed in 2010). At 341 meeting, trustee asked about Fed and State Refunds from 08, received in 09. They were listed on schedules as required, and exempted, so no problems there.

Looks like your first Pro Se mistake. You should have exempted your "Anticipated 2009 Income Tax Refund" and not your "already received" 2008 income tax refund.

Since my case is not yet closed, do I need to be concerned about any potential 2009 refund I may receive? Do I need to let the trustee know if I am going to receive a refund? If so, will I be able to amend my exemptions at that time too?

Did the Trustee ask to see your tax return? You may want to call. Don't ask about the "refund" only ask if you're required to submit the return. From what you posted, the Trustee does want to see your return and possibly would want part of your refund.

You may be able to fix the income tax refund issue with your exemptions, but I don't know the extent to which you have already consumed your exemptions.

[chriselle]

I exempted my anticipated refund for 2009. Did they change you to an asset case or you are an asset case already. I know it takes a while before an asset case closes. if you are discharged, I just don't know if you can still amend your petition to include the 2009 exemption...

[Coldplay]

I'm in a similar situation. We filed in December, 341 in January and we should have been discharged a week ago. ( Not showing on pacer yet.) We were no asset. This weekend I do our taxes and we are getting a very large unexpected refund. All of the sudden this morning pacer shows we are an asset case. I'm assuming some how they must be able to see that we filed and are getting a refund. Because we have no other assets -its got to be our refund. I'm calling our attorney this morning. I will let you know what I find out. We did exempt $5000 so I assume we will get to keep that and give them the rest.

What does that mean ? How do you go about exempting it ?

Thanks In Advance ~