My bankruptcy has just been recently filed and my attorney questioned our federal refund. I am filing a single ch 7 but our taxes were filed joint. I did not work outside the home but had a home-based business that made $3600. My husband made $36,000. My attorney said that they would make me give them back my half. The prob is that its gone and none of it was mine. He gave me the money to file the ch 7 and that's it. Can they make me repay it? What about our car that was traded in for a van and my name was not put on the new vehicle?
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What your debt to income ratio? You're attorney can't gaurantee what will happen to your tax refund, the trustee may or may not inquire about your tax refund. All you can do at this point is wait for your 341 meeting. If doing so makes you feel better, start stashing away a few dollars each week just incase!
Good Luck!The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation. -
My attorney asked about our refund. I replied truthfully that I didn't have it anymore, I used it to make the minimum monthly payments on my credit cards! If I get asked about this at our 341, that will be my answer.
Basically my situation was that I was using credit cards to pay the minimums on other credit cards through their 'convenience' checks. My wife didn't have a clue about any of this as I was in charge of (mis) managing the finances.
I knew we would eventually run out of money, but I guess I jus tdidn't want to deal with this, plus I was worried about how my wife would take it. Unbelievably, she took it OK. We went to CCCS, who advised us to go the BK route.
We had about 140,000 in unsecured credit card debt and personal loans. About 15k of it was obtained last fall when I got these checks in the mail from various compaines where all you had to do was sign and deposit to get the loan. 7k was from a card my of wife's that her mother was using and making the minimums on - (I told her mother Merry Christmas) All I was doing was putting off the inevitable.
We haven't made any big purchases, just were using the cards to supplement our income. Can't wait to get this over with. Even if they stick me in a 13 somehow it would be better than the current situation. CCCS wanted 2800 per month for 6 or 7 years.Comment
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