Income Tax Refunds

[bnkruptintexas]

What is the name of your state? TX

This is another question about tax refunds. Each year we receive near 4,000. The trustee did not mention anything about our refund we would be receiving for this year and we did not receive anything stating that he wanted it. My case was discharged and closed in early January. I called my attorney at the end of January and asked if I could go ahead and file and double checked to be sure that the trustee did not want our anticipated refund. I was told that we could go ahead and file since our case was closed. My question is-what are the chances that the trustee will "change his mind" and reopen the case and collect the refund now that it has all been closed? How long would he have to do this if he chose to? I just want to be sure. Thanks!

[mcwjjm]

I asked my attorney the same thing. He said in 16 years he hasn't had one case where the trustee "re-opened" a case, though he has heard of it happening so he couldn't promise it will not happen. I'm not sure what limitations govern when a case can be re-opened.

My attorney told me that since the trustee didn't ask for a copy of my tax return and told me that I didn't have to "hold" the upcoming refund that I'm "clear" unless we hear from him otherwise. And that once the case is officially discharged and closed that the chances [in my case] of him re-opening the case are very remote.