Filing taxes soon after filing ch. 7 - a bit urgent!

[Proserpina]

What is the name of your state (only U.S. law)? WA

I had to file ch. 7 one week ago. I am about to file taxes (or request an extention) and the initial number crunching of my tax return shows a refund of about the $2000 range. I think that because the refund was "earned" last year, it is counted as an asset (please correct me if I'm wrong there).

1. Is there a difference (in how the trustee might see things) between filing taxes tonight/tomorrow morning, and requesting an extension? I genuinely would like an extension, just to give me a bit more time getting tax prep done. I know, I know, I shoulda/woulda/coulda done this earlier.

2. Will I be in trouble for filing taxes so soon after filing ch. 7? Is this seen as underhanded?

3. Will the trustee automatically intercept to pay off creditors? If this happens I'm absolutely fine with it - I just don't want to be doing anything even vaguely "iffy".

Thank you, financial geniuses!

 

[bigun]

The trustee will likely not discharge your case until he has a copy of your return.
You need to ask your lawyer if, the refund can be exempted.

 

[Proserpina]

Thanks so much for your response. Another quick question though.

Wages have been garnished for some time now (medical bills), and the debt is listed in the Ch 7 filing; is it likely that I can use 11 USC § 547 to recover wages from the previous 3 months?

Again, thank you!

 

[bigun]

547 deals with preference issues. That's a call the trustee will make. If the trustee decides to go after the payments, the money will become part of your bk estate and be distributed to all the unsecured creditors. The debtor is out of the loop on this one.

 

[Proserpina]

Great, that's what I wanted to know. Thank you once more