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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I live in Texas. We filed a Chapter 7 in Feb., 09. Our meeting

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I live in Texas. We filed a Chapter 7 in Feb., 09. Our meeting with the trustee was in March. At that time the trustee said we needed to provide him 3 months bank statements and a copy of our current income tax return before he could make a decision. We supplied the statements right away but had to wait for our CPA to complete the returns. Upon completion, we immediately sent them to the trustee. That was in April and the return showd a refund of a little over $15K. Our Chapter 7 debts were around $600k (mostly business related). We received the discharge shortly thereafter (in May), and just received our refund.   The trustee never said he wanted the refund, nor did he say not to spend it. He just said he wanted to see the return (the previous year's refund was about the same amount). How long should we hold the refund in order to make sure the trustee doesn't want it. I don't want to spend it only to have the trustee ask for it 6 months from now.
Submitted: 7 years ago via USLaw.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
Good question Kada...

If your attorney isn't helping, you can do one of several things.
1. Call or write the trustee directly and see, his # XXXXX be on your 341 notice. He is surely busy, and perhaps just put your file aside and hasn't gotten back to it.
2. If the trustee has issued a no asset report, and your case has both discharged and has closed (a case would discharge, but won't close if there are assets for distribution)
3. Call and have your attorney call the trustee to find out either way. You paid your lawyer for assistance, and this should be done for you.
4. You can always cash the check and put it into a separate bank account (and don't comingle or add any of your funds to it) and then just leave it until you hear one way or another.
Good luck.
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