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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 11-02-2003, 03:34 PM
no_more_money
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341A meeting/taxes


What is the name of your state? az
Attorney Filed Chapter 7 on the 23rd of September
Got a letter from Trustee Confused -
I understand this part totally- wants copies of our 2001-2002 taxes and our 2003 taxes and not to file our 2003 taxes electronically- don not cash any refunds- until you receive authorizations from the trustee-

The part that confused me is not to file our 2003 taxes electronically-- We have always did -

Then there was another letter in the package he sent us -
That our 2003 taxes we give the IRS approval to send the Fedearl refund check to the Trustee-

Why do they want our 2003 refund when we filed this year ? Are they going to take it and we get nothing-
Our attorney never told us about this -

We filed mostly on Medical and a 4 credit cards. repo van and house- we own nothing !!
  #2  
Old 11-02-2003, 04:22 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
As far as the Trustee is concerned, at this time of year, money you have coming to you in a tax refund is part of your bankruptcy estate - and the Trustee WILL take it.

I'm not sure I understand the ban against filing electronically, that makes no sense - unless it has something to do with flagging the refund to go to the Trustee instead of you.
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 11-02-2003, 08:49 PM
no_more_money
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I love filing on the computer - It is faster -
Well if he gets is he is not going to get much, mayber 1400.00 of a little more- we get to claim 4 kids but hardly ever get anything back - the most we got back was last year 2847.00 (got to Itimize (sp) This year we dont-
I will be calling our attorney for sure to find out about the taxes
  #4  
Old 11-02-2003, 09:39 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
My refund last year was a whopping $35 !!! I am currently paying the IRS for 2002 taxes due - and I won't be finished paying THAT off until almost June of next year.. so when I file for BK, the Trustee's not going to get anything anyway.. the IRS will take whatever I *might* end up getting back to offset what I owe for 2002. At best, IF I were to get ANY refund for 2003, it would probably amount to less than $200-300. Against what I'll be asking to have dishcharged - that amount wouldn't even be a drop in the bucket.

Its possible the Trustee won't take it at all if its not much... definitely ask your lawyer what's typical for Trustees in your district.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #5  
Old 11-03-2003, 07:25 PM
no_more_money
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Update -
Yes I did call here is the deal-
The taxes are in the trustee's hands - He can take 10/12'ths of if I get 2/12 because I filed in October - He can take anything over 1000.00 or he can be nice and give it all back to me- it depends on his mood -
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