Ohio Tax Refund

[mcwjjm]

At my Chapter 7 hearing with my creditors the Trustee asked me what I was expecting as a refund for 2005. I told him "$1200.00". And he told me that I wouldn't have to hold on to my refund check. About a month later I receive a letter from the same trustee that said "NOT to cash any refund checks until my case is finalized", which is sometime in the next 3-4 weeks. Did he change his mind or is it common for the trustee to generate this notice to all of the cases he handles regardless of the decision rendered on this matter at our hearing? Thanks

 

[azatty]

It's a form notice. But when the trustee informs one of my clients at the 341 meeting that s/he will not need to turn over the tax refund, I still send a confirming letter after my client receives the refund to ensure that the trustee has not changed his/her mind or has not found other assets to administer. Contact your trustee, inform him/her of the refund and the amount, and confirm that you do not have to turn it over.

 

[mcwjjm]

Or couldn't I just wait till my discharge in a few weeks? After that everything is "ok" right or is it still possible he'll change his mind? The refund is being direct deposited into my bank account.

 

[lostsoul23]

Or couldn't I just wait till my discharge in a few weeks? After that everything is "ok" right or is it still possible he'll change his mind? The refund is being direct deposited into my bank account.

You need to double check with the trustee as suggested. If she/he has sent you the notice telling you they want the refund, and you decide to chance it, and they follow up and find out that you got one, and didn't turn it over, you can loose your discharge status and cause a bigger headache for yourself than what it's worth. I just went through this same fiasco in Ohio myself, as my case is being done through there.

 

[mcwjjm]

Well, I received the notice AFTER I filed and the refund is going direct deposit. How long after my discharge can the "follow up"?