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    need advice bad

    i am going to file chapter 7 this week i have also just got my income tax check, i don't want to give it all away to the trustee what should i spend it on and or should i spend it

    #2
    I didnt file a 7, nor do I know all the particulars of it, but several on here
    have mentioned that the refund would have gone to the trustee, but they spent it on things that were necessities ahead of time instead, like needed dental or medical expenses, tires or car repairs, etc, and then made sure they had the documentation to show where it went.

    I am sure others can share some of the details with you, but it seems like the bottom line is, if the money is used for something frivolous it could spell trouble for you at filing.

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      #3
      If you spend it before you file, it's your money. The BK estate is set the day you file.

      If you choose to spend the check, spend it on necessary things. Car repairs, auto insurance premiums, next month's rent or mortgage payment, your attny's fee, go to the doctor, the dentist, groceries, etc. And keep receipts in case the Trustee asks about your refund status.

      This close to filing, just to be on the safe side, you might check with your attny to see what he/she has to say on the subject. The attny may know for sure that the Trustee is gonna expect to get that tax refund check. In that case, you won't wanna PO the Trustee from the get go by spending the refund right before filing.

      Or you could delay filing a bit longer if the attny thinks that would be a good idea.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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