QUESTION
Chapter 7 discharged but confused of turning over tax refund over to trustee.
Asked on Mar 02nd, 2013 on Bankruptcy - Utah
More details to this question:
My wife and I recently had our chapter 7 discharged. We had originally filed Oct 9, 2012 and had our 341 meeting Nov 21, 2012. To our understanding we were going to have to turn over our 2012 tax return and whatever percentage of the tax refund that was required. At our 341 meeting the trustee was a "substitute" to the original one that was supposed to be there. When we were called up by the trustee she went through all our paper work with our attorney at our side, she never mentioned anything about obtaining our 2012 tax return. We asked our lawyer about that, and his excuse was that she was a substitute, and to wait for a letter in the mail within 14 days. we waited and received nothing. Feb 7 2013, we received our tax refund. We turned the tax papers in to our attorney and they said to wait for a response from the trustee, we waited for weeks until just yesterday we finally got something and a motion to object paper with it. Since it was not stated at the meeting.can we object?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
Was the potential 2012 tax refund listed as an asset on your bankruptcy papers and exempted? If so, and the Trustee did not object within 30 days following the date your meeting was CONCLUDED with the Trustee, then it is yours to keep. Otherwise, it belongs to the Trustee.
You need to determine the above, including the date the 341(a) meeting was concluded (if it was concluded), in order to have your question answsered.
I have no idea what the "motion to object" you reference is about or who filed it, so I cannot express an opinion on that.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
Answered on Mar 02nd, 2013 at 2:50 PM