Will I lose My Tax return?

[Anonymous]

Hi. This looks like a great place to find help, so here goes. I filed for Chapter 7 in November and my hearing was on Dec. 5. It all went well and I unfortunately had to give up my home because my fiance was not making near what she used to. I spoke to my attorney and she indicated that everything should go smoothly from here on out. But now after speaking to a few people, I am hearing differing accounts as to if I will get a tax return this year. I could really use it to help her get out of debt and get us back on the road to marriage.

Can anyone shed any insight? I won't be able to contact my attorney again until Tuesday.

[Anonymous]

I think there is a good chance you may lose it this year. I had a friend that file 7 and lost it that year. I went through a Chapter 13 and got to keep either 200.00 or 500.00 each year (can't remember the exact amount) but had to turn over the rest to the trustee for three years.

[Anonymous]

We filed our Ch 7 just a week ago, and our attorney told us we would lose any refund we get this year. So, most likely that will be the case for you as well.

[Tuscani]

It really depends on when you file, the trustee and the state you are in. I know in MN people are protected and can generally keep but may need to justify how the funds were used.