Hi Link,
Tax return was for tax year ending 2011. Debtor filed his return about March, 2012 and was expecting the refund to come by mail around April, 2012. Debtor contacted the IRS repeatedly and they just got back to him this week via mail--mailing him the photocopy of the check made payable to the Chapter 7 Trustee.
>
> Ty, I think we need to know the timeline a bit better. To which tax year
> does this refund pertain? When was the return filed? When did the debtor
> get the photocopy of the check?
>
> John D. Faucher
> Faucher & Associates
> Reply-To:
> Date: Thursday, May 24, 2012 2:33 PM
> To: "
cdcbaa@yahoogroups.com"
> Subject: RE: [cdcbaa] Chapter 7 Trustee Intercepts Exempt Tax Refund!
>
>
>
>
>
>
> I would normally do the same, but Im not sure the court would be
> sympathetic to changing exemptions after the trustee had already taken
> possession of what was previously listed as non-exempt. Humm.
>
>
> Link Schrader, Attorney
> Law Office of Link W. Schrader
>
>
> Leventhal Law Group, P.C.
> Sent: Thursday, May 24, 2012 1:51 PM
> To:
cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Chapter 7 Trustee Intercepts Exempt Tax Refund!
>
>
>
> I agree with everything you said with the exception of your last statement.
>
>
>
> If an asset is exempt it is exempt. The Trustee can not pick and choose
> what they wish. I often will choose an item that is hard to sell for the
> Trustee if I run out of exemptions. I do this because if it is hard to sell
> the Trustee will likely abandon it.
>
>
>
>
>
> Jonathan Leventhal, esq.
>
> Leventhal Law Group, P.C.
>
> 818-347-5800
>
>
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
>
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
>
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
>
>
> Note: The Leventhal Law Group, P.C. does not reprenet you until a written
> fee agreement has been signed by you and a representative of the Leventhal
> Law Group, P.C. and all fees listed in the agreement have been paid.
>
>
> On May 24, 2012, at 1:47 PM, "Link W. Schrader"
> wrote:
> >
> >
> >
> > If the trustee was ignoring my requests to release exempt funds to the debtor,
> > I would:
> >
> > 1) Make sure everything else was right in the case;
> >
> > 2) Document my attempts to resolve the situation directly with the trustee;
> >
> > 3) File a motion asking for an order directing the trustee to release
> > exempt funds to the debtor. The motion would at least include the amended
> > schedules B and C, as well as evidence on my communication attempts with the
> > trustee.
> >
> >
> > If the debtor is going to have non-exempt property and owe the trustee cash, I
> > think it doesnt matter if the trustee retains the tax refund even if it was
> > exempted. It would not make good sense for the court to require the trustee
> > to return cash in hand where there was other cash more difficult to obtain
> > that the debtor had not yet paid. So before filing the motion I recommend
> > making sure the debtor owes nothing to the trustee.
> >
> > Best Regards,
> >
> >
> > Link Schrader, Attorney
> > Law Office of Link W. Schrader
> >
> >
Of
> > Tyson
> > Sent: Thursday, May 24, 2012 1:35 PM
> > To:
cdcbaa@yahoogroups.com
> > Subject: [cdcbaa] Chapter 7 Trustee Intercepts Exempt Tax Refund!
> >
> >
> >
> > Hi Everyone,
> >
> > Got a strange situation here. Debtor filed his Chapter 7 case in June, 2011. I
> > claimed 1/2 of his refund as exempt. 341(a) was held in July but has not been
> > concluded, around December, 2011 amended debtor's Schedule C to exempt ENTIRE
> > income tax refund. TE does not respond to any of my inquiries.
> >
> > Debtor timely filed his 1040 return but did not receive his refund. IRS just
> > mailed him a photocopy of his refund check c/o Chapter 7 Trustee!
> >
> > Any thoughts on what I should do?
> >
> > Tyson Takeuchi
>
The post was migrated from Yahoo.