2010 Tax Refund

[kristyf]

I looked for the answer to this, and couldn't find it....

I'm planning on filing BK (ch 7, no asset, below median) in April. Hopefully that means discharge in August or Septemeber. If I get a return in 2010 when filing 2009 taxes, can the trustee take that? I think the answer is yes if the case is discharged but not closed? But what if it is closed?

Anyone have an experience / opinion?

Thanks

[magyar123]

If you plan to file this April a thieving trustee might want this year's refund.
I would worry more about this year's refund more than next year's.

[kristyf]

well the refund i'm getting this year will be used to pay our lawyer.

that's okay, right?

[keepmine]

If you file in the Aug./Sept. timeframe or later, that seems to be when the trustee has an interest in any refunds.

[TEW]

well the refund i'm getting this year will be used to pay our lawyer.

that's okay, right?

yes that's OK spend it all before you file. If you can fit your tax return into your exemptions you don't need to worry.

[danaf]

Yes, quite possibly. So what you do is adjust your return AFTER you file so you pay less taxes. DO NOT DO IT BEFORE because those deductions will help with the means test and schedules.

This is what I did and trustee will not be getting anything. It isn't against the law either.