Open Question: Help! HSA funds are in limbo and I want to file my 2009 taxes and get my refund!?

My employer filed bankruptcy last year and the company was sold. I was hired by the new company, but my husband and I decided to get on his (HD) plan and not pick up insurance with my employer. Since I didn't take the new employer insurance (expensive!) I was told that I would be charged monthly administrative fees to continue the HSA. A few months later (still in 2009) my husband's employer offered an HSA and that they would be contributing $300 a year to it, so we decided to roll my HSA funds into his new account (we were assured we could do this). We filed the paperwork about 3 months ago and heard nothing more. My husband attempted to get answers from his employer and was told to just be patient. I called the bank that's handling his HSA setup and sure enough, my paperwork hadn't gone through. We were told this was probably because there were so many employees with his company that were filing paperwork at the time, and when my paperwork was received it was ignored because I wasn't the employee trying to roll the funds (my husband was). What I want to know is, do I have to wait til this whole mess is straightened out until I can file my 2009 taxes due to the fact that eventually there should be a distribution (from my HSA going into his)? Or does it not matter unless we exceed the family HSA $ limit for 2010 contributions? There's over $3000 that will be rolled and I don't want to have to pay taxes on it.