Bankruptcy & tax refunds

[jazie_tea]

I filed chapter 7 in the state of CA. The deadline just passed on the 26th of Feb. for any debtors to object. I was told that my next step is to receive my discharge date. I haven't filed my 2007 return yet but I anticipate about $4k, when will it be safe to file? Can the trustee still take my refund now? What about after my discharge date? And how long should I wait so that I know it safe? I need my refund to get a new car. I would appreicate any advice

[PaKettle]

I filed chapter 7 in the state of CA. The deadline just passed on the 26th of Feb. for any debtors to object. I was told that my next step is to receive my discharge date. I haven't filed my 2007 return yet but I anticipate about $4k, when will it be safe to file? Can the trustee still take my refund now? What about after my discharge date? And how long should I wait so that I know it safe? I need my refund to get a new car. I would appreicate any advice

If you are a no asset case, I assume that your $20k homestead exemption would cover this unless you exempted a lot of other things...

My attorney here in So. Cal told me "The Trustee will not take your taxes" and it was never mentioned at the 341 so I am assuming I am home free. Also, we were for sure able to use the homestead exemption.

If I were you I'd call your attorney and ask him if he exempted your tax refund or otherwise has you covered for it.

By the way - to any expert here - What happens if someone gets the refund and spends it and then the Trustee says "That was MINE!"? Seems to me that there isn't much they could do except make you pay it back. But how and when? Would they garnish your wages for it or what?

[gophermn]

Yes, as PaKettle said - contact your attny. I found out that I have a wildcard with some $$$$ left over which is a HUGE stress reliever. But again! I am a pessimistic optimist so until the money is in hand and the check clears, I will no t be happy till then ~