tax return question

[iupui1299]

If I have not filed bankruptcy yet but have gotten a tax return and already spent it....will I be made to pay any of that back after I file?

[annikasaunt]

My atty put a statement in my petition of what I had gotten as a refund and that I had used it for atty expenses and to pay bills. Which is exactly what I did use it for. The statement was a pretty generic one without much detail.

[iupui1299]

I got mine in late February and used it for license plate fees, bills, food, etc.

[Peevee]

I think you will be alright.

[SinkingFast]

Just as a safety precaution, it would be a good idea if you had receipts to back up what you spent the money on. But getting your refund and spending it before you filed shouldn't be a problem.

If you'd filed and then received your refund, the Trustee could consider the Tax Refund part of the BK estate and expect to take it. Some do and some don't. It varies Trustee to Trustee.