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Chap 7 and tax refund

Established Contributor

Chap 7 and tax refund

DH's attorney said they will probably take this years return, I thought that was only if he filed a 13
 
Is this true?
Message 1 of 4
3 REPLIES
Established Contributor

Re: Chap 7 and tax refund

Have your attorney check with the bankruptcy court. it is up to the judge.
Message 2 of 4
New Contributor

Re: Chap 7 and tax refund

Yes, they sure can, but you may be able to fight it.

The courts tried to take my husband's enlistment bonus because he joined the Army right before we filed for BK. My husband's bonus was $5000 and the trustee actually wanted us to pay them the full $5000 even though his bonus was taxed and we only got about $3500! Our attorney had to go back to court on our behalf about that, but in the end we were able to keep the bonus because it was for my husband's service of his country, and we did not have the money prior to filing for BK. But, we did have to write a letter to the court telling them how we spent every dollar of that $3500.
Message 3 of 4
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Established Contributor

Re: Chap 7 and tax refund

I sure hope they don't, I am in dire need some major dental work and we need to use the rest for 1st mo rent and deposit, without it I will be toothless and we will be homeless.
Message 4 of 4