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CC and tax refund

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CC and tax refund

Couple of quick questions:


My wife and I have about 30k in unsecured debt about 15k in each. The debt was incurred by both us although our CC's are in our names only. If I BT and wait 6 months and file Ch7 in my name only will that be enough to get all of it gone or will Trustee disallow? I live in OK.


Second question: If we file this year before our Taxes are done in 2010 for 2009 will the trustee take any tax refund owed or is it included in the 25% of income we can keep? If trustee will take can we file taxes first and spend it in any legal manner such as ira contribution, child eduction fund etc and keep it outside the BK estate as long as we do it BEFORE we file?


Thanks for the insight!

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Senior Contributor

Re: CC and tax refund

The creditor can dispute the bankruptcy.  Once you know that you are going to file BK, you are not supposed to continue to seek additional credit or loans.  You would be fraudulently inducing a creditor to provide loans knowing full well you intend to discharge the debt in bk.  I doubt the Trustee would look close enough at anything....but if you BT $15k then send a BK notice right after, you stand a good chance they will object at the bk, which will cause it to be reviewed.

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