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Spending Pre-filing tax refund on "non-essential" items

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    Spending Pre-filing tax refund on "non-essential" items

    I'm expecting about a 6k tax refund in February. I suspect I'll be filing a Chapter 13 in April/May. Since exemptions aren't an issue in Chapter 13, I'm wondering how much latitude I have spending the tax refund (ie... paying cash for everything)? I am current on everything and plan to stay that way until the last month or so before filing. The immediate things that come to mind are: Cars, house mechanical (furnace, A/C, Water heater) , clothes, kitchenware...
    NOTE: I am not talking about financing ANY of this, we're cash only at this point.

    but what about a lifetime pass to the National Parks? ($400).. I live very close to several National Parks and since vacation/recreation will be VERY limited during the plan this might take the sting off. A new bike for one of the kids ?? Camping equipment? In general, things that might take the edge off living on a tight budget for 3-5 years. I have 5 kids and this is going to be tough on everyone, but hopefully it won't be too much misery for the kids..

    Anyone have thoughts/experience with this I'd appreciate it.
    As always thanks for all the good advice. I suspect this will be one of my more visited sites in the next 36 or 60 mos.

    #2
    This is a good question for your attorney. Where I live it is not likely the trustee will question where it went, but it is possible that with that large of a tax refund, it will get figured into your "average" income. Interms of how you spend it, I would doubt there would be too many questions if you receive it and spend it several months prior to filing. If you receive it, spend it, and then immediately file, I think eyebrows will be raised.

    It sounds as if you and I are in similar situations. I intended to file in November, got lucky at a casino, and paid everything up. Then one of my cars died, etc. I financed a new car. I also have a karge tax refund coming, but I'm not going to worry about what I do with it as I won't file for BK13 for 7 - 9 more months. You could use some of the tax refund to pay down debt after you take care of any essential costs. If you will be at a 100% payback, reducing your total unsecured debt might reduce your payment. In principle, all of your "disposable" income is meant to go to the BK, but my take on reading this forum is that there is room in defining one's disposable income. This is probably easier to do when one is close to 100% payback.

    Again, I would be careful about spending a large tax refund and then immediately filing for 13. This is a great forum and others will hopefully add their comments.

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