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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have filed for BK-7 in Florida in 2008, we had the 341 meeting

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I have filed for BK-7 in Florida in 2008, we had the 341 meeting in april 16th and for that meeting we haven’t had report our 2008 taxes, nothing was ask by the court, the case was closed en july 22nd and everything is fine, now I ready to file 2008 and 2009 together, In the BK papers I see that in 2008 taxes says NOT FILED YET - AMOUNT $0, Now from my accountant I know is going to be around $4,000, The question is: First; It was legally right not have had the taxes filed by the 341 (they never asked for them and I had an extension with the IRS) and 2nd and more important the amount in the declaration doesn’t match the one in the tax report, I know for sure that should be a lien over it, I want to know if this difference in the amount could be a problem even-though the court will keep the dividends.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

I would like to clarify the following - please state yes or no to each item:
1. You were discharged from your chapter 7 bankruptcy in 2008;
2. Your bankruptcy was closed in July, 2008 as a no asset chapter 7;
3. You have now discovered that you are receiving a tax refund for 2008
Customer: replied 7 years ago.
1. Yes
2. Yes
Expert:  Ellen replied 7 years ago.

Since the bankruptcy was closed as a no asset case, the trustee has apparently abandoned any interest that he may have in your tax refund. It does not appear that you have any obligation to turn over the funds to the bankruptcy court.
Customer: replied 7 years ago.
Just one doubt, Chapter 7 no asset is just chapter 7 isn't it? or there are different chapter 7s, we surrender our house and have no assets, nothing was asked to be turned to the court.
Expert:  Ellen replied 7 years ago.
A "no asset" chapter 7 bankruptcy occurs when there were no assets available for distribution to the creditor. The trustee would have issued a report of no distribution/no assets. If you are unsure, you can contact the clerk of the courts office for the procedure to review your bankruptcy file
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