Large Tax Refund After Case Closed

[saint782]

Hello,

Thought my case was over and done got my discharge and saw my case closed on August 4th. Today I see a large amount about 4K pending an irs tax refund for 2020. Apparently we overpaid on our taxes because our unemployment wasn’t taxed properly? If this is the case what do I do? Do I need to contact my attorney does the trustee need to be notified? I had no idea about this until today

[Carmella]

I would contact the attorney and tell them what you said here. He can advise you on how to handle the situation.

[saint782]

Thanks I reached out to my attorney. I’m thinking because the income that this refund is derived from was unemployment that perhaps it’s exempt but we will find out. This came completely out of left field so want to make sure it’s handled properly

[saint782]

So I reached out to my attorney today. Not a pleasant conversation basically he left it up to me. I can contact the trustee on my own and tell them about this refund in which case they will most likely take it and turn my case into an asset case and it will drag on for a year or not say anything and risk them finding out and then who knows what happens. He said he doesn’t know . My stomach is in absolute knots! I can’t believe this is happening

[joshuagraham]

I would put it into a savings account and let it sit there. If the Trustee has not found it within 3 years, then CHA-CHING!

[justbroke]

I would put it into a savings account and let it sit there. If the Trustee has not found it within 3 years, then CHA-CHING!

And if the Trustee ever found out that is what happened, it will be a different metal sound... click-click. Seriously, though, disclosure to your attorney is appropriate. If the attorney decides that the Trustee doesn't need to know as it's under some district limit, that is perfect. Just because you hide something doesn't mean that it isn't property of the bankruptcy estate and that the Trustee can't re-open the case. We have had at least 2 BKForum members, here, that have had their cases re-opened after 7-8 years for "late" discovered assets.

In this specific case, the asset was likely exempt under the CARES act.

[saint782]

My attorney actually advised not saying anything and I completely disagreed. I reached out to the trustee on my own and I’m glad I did because yes I found out because the tax refund is an overpayment on taxes from unemployment the trustee has no intention of going after it. I have an email as evidence to this and as soon as I get letter from IRS stating that this is officially over. This money was a complete surprise to us and yes it’s nice to have but I’d give it to the trustee in a second if it put our discharge at risk.

[krissmith33]

Please it's best you contact your attorney and explain this in the exact same details you have here.