tax refund discharged bankruptcy

[lecktor]

What is the name of your state?utah
my bankruptcy was discharged without the trustee collecting my federal refund what will happen if it doesn't get turned over?

 

[kopes]

Did the trustee say you need to hand over your refund? My BK was discharged and closed in December. I did not have to turn in my refund. In fact, I have already gotten it and spent it.

 

[lecktor]

This is what is happening. I filed in Jan chp 7 and I had to do some back taxes before I could get it discarged. I did 6 years worth and when I went to to last meeting and talked to the Trustee he gave me a list of stuff he wanted. He wanted my 2004 return to be truned in. Np there but I get a refund for 2003 for about $3000.00. They should get here about the same time. My question is do I or should I bring it to there attention or just be quiet about it and keep the $3000? Btw my Bk
was discarged on March 16 2005.
Thanks.

 

[Ladynred]

Did you give a copy of the 2003 return to the Trustee ?? You'd best not play dangerous games with tax refunds and the Trustee. If you conceal it, and the Trustee finds out, he can revoke your discharge !

 

[lecktor]

I truned them into my lawyer.He only asked about the 2004 taxes. Im not
trying to hide anything from him it just never came up in the meeting and I was pretty nervous about being there.The only thing he asked about was how much the 2003 taxes were. When we came home and started looking over my Trustee's Directive it never said anything about the 2003 taxes only that I needed to turn over the 2004's. I could use the money but it wouldnt be worth it to lose the BK. Just really not sure what I should do. Any sugestions would be greatly appreciated.
Thanks

 

[lecktor]

I guess I will call the Trustee and ask him. Really hate giving away that much cash but oh well

 

[Ladynred]

Don't contact the Trustee directly - ask your lawyer first and see what he/she says. I understand not wanting to lose that kind of cash, but until you're clear, its not worth the risk.

 

[lecktor]

Thank you Ladynred we will do that. I'll let you all know what they said.