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Got a Letter from Trustee...


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Hi everyone, hope your holidays are good. Well, I filed ch. 7 (alone, w/o my husband, as I live in Utah, a non community property state, with most cc debt in my name) on 11/17, and have my 341 hearing on Jan. 5th. Yesterday I recieved a letter from the Trustee saying this:

"You are instructed to take the following actions:

1. You are hereby directed to file your 2004 state and federal tax returns with the appropriate tax authorities no later than Feb. 18, 2005.

2. You are furter directed to deliver to the Trustee sign copies of all pages of all returns filed no later than Feb. 25th, 2005. A pro rata portion of tax refunds to which you are entitled is property of the bk estate. All refunds must be tuned over to the Trustee within 5 days of reciept. The Trustee will (1) review the refund, (2) calculate the estate's and the Debtor's pro rata share, (3) calculate the value of the Debtor's non-exempt assets, and (4) apply the value of the nonexempt assets against the Debtor's pro rata share. Amounts remaining and due to the Debtor will be retuned to the Debtor following approval of the final accounting for the case.

3. You are also directed to bring to your meeting of creditors to leave with the Trustee a copy of all your financial account records, covering the month before and the month during which you filed BK, including bank accounts, pay stubs, retirement, etc.

Signed copies of all tax returns, and all tax refunds, are to be forwarded to XXXXX, Trustee, at such and such address. Do not cash, endorse or otherwise negotiate the tax refund checks prior to delivery to the Trustee."

K, so my questions are these:

1. since I am filing alone, w/o my dh, and I have not worked in five years, do I need to make copies of his paycheck stubs for the Trustee, even though he is not filing?

2. Since I am not working at all, and don't have any W2's to claim, and our taxes are soley done b/c of dh income, how much would you say the Trustee will retain of our joint filing? Let's say we get back 800 state and 1200 federal, what would my pro rata portion be?

3. If the Trustee only asked for account information of the month of filing, and the month prior, is that all I need to bring? We only have our checking and savings and neither dh or I have a retirement.

Also, my dh is worried that we might not have our W2 by the filing date of Feb. 18th... what do we do if we don't have it yet, how do we file our taxes?

thanks for your help!!!

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What you got is a fairly standard form letter.

How do you file your taxes if your DH is the only one working ?? Married filing

jointly or filing separately.

Since you contribute NOTHING to the household income, the Trustee may not take any of the refund or may only take 1/2 of your pro-rata portion.

1 - yes, take copies of HIS pay stubs, since his income is the household income it will prove what's on your schedules.

2 - For those amounts, the Trustee may decide not to take anything at all, especially if its a spit in the ocean compared to your debt. You're also really only 'entitled' to half of that refund since you contribute nothing to the income.

3 - Yes, just bring what is asked for.

W2's BY LAW MUST be mailed out to you no later than 1/31, so you most certainly should have it before 2/18. Just make a note of exactly when you get them (save the envelope with the postmark). If you really don't have enough time to get your taxes filed by the deadline because of a late mailing of W2's then you can show the Trustee when you got it. I seriously doubt the Trustee will dismiss your case for it.

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Hi LadynRed! Thanks for your response. We usually file Married Jointly. I'll be excited if they only take a portion or half of it... it won't amount to much. Also, I better be quick on my broom to get the taxes filed when we get dh W2, I suppose I should get started now so I'll be ready and only have to insert his numbers and be done. Thanks for the info on keeping the postmark date just in case we recieve it later than we ought.

You're always so helpful!

My 341 hearing is 8am on the 5th of Jan... I'm trying not to worry to much about it, and trying to anticipate what questions the Trustee may ask like,

1. Why are you filing alone?

2. What purchases did you make w/in 90 days before filing?

3. ???? Lots more have run through my mind, but now I forget.

I guess the anticipation is worst, hopefully it will be a breeze though :)

Have a Merry Christmas mb, hope it is full!


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The 90 day 'rule' for purchases generally applies to purchases of LUXURY items costing $1100 or more. Any charges of that nature made in the 90 days prior to filing may not be discharged. The can check back a year (or more) on cash advances and for transfer of assets, but in most cases won't go back more than 90 days for purchases.

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