Chapter 7 and Income Tax Refund

[TNHC]

I am sorry if this question has already been asked. I have seen so many different answers, I am confused.

I live in Tennessee. Our attorney filed our Chapter 7 papers on November 28th. We have our meeting of the creditors on January 3rd 2012. I am concerned about our income tax return, which is not generally very high, usually around $3000. I asked our attorney if we would loose our return, he said no, but from what I am reading I am a little confused because it appears as though I just may. He said we could exempt it, but when does that happen? We already listed our assets and our 2011 income tax refund was not mentioned. Does this happen at the meeting with the creditors? We still have enough exemptions left to exempt it if that is possible. I know I should call my attorney, but he explained this..my husband heard him, he said we won't loose it..so I don't want to call him back and ask again. I wa hoping someone might be able to help me here

[LadyInTheRed]

If you expect a refund, it should be included on your petition. Double check your schedule B to make sure your refund is not listed. I believe it should be listed on line 21 or maybe 18, but check the entire schedule. Then check schedule C to make sure it isn't listed as exempt. If it isn't listed on both schedules, call your attorney and ask him to amend the schedules to include it.

[TNHC]

You see I don't have any of the paperwork back from our attorney yet. We filed on Feb 28th and he has not given us copies of our signed papers yet. We have our meeting of the creditors in January (the 3rd). I guess I need to give him a call to find out what the deal is? Thank you

[LadyInTheRed]

Feb 28th??

Ask your attorney to send you a copy of your petition. You could also register with PACER and download a copy. Read about PACER at http://www.bkforum.com/showthread.ph...Guide-amp-Tips