341 First or File Taxes First?

[2009WillBeGREAT]

My 341 meeting is set for March 10th. (It was rescheduled because I was in the hospital during my first set meeting) My question is...should I wait till after the 341 to file my taxes? I'm wondering if they will "take" my refund if I file and receive the refund money BEFORE I have my hearing. Anybody know anything about this or been in this situation? I'm putting a call into my attorney, but it's after 5PM here and I KNOW I won't get a call back till tomorrow. Thanks.

[JoeBankrupt33]

As far as I understand, whether they take it or not depends on your situation as of the day you filed and your exemptions.

If they plan on taking it, I think they will take it one way or the other. I'm in a similar situation, where I'm pretty sure that my refund in exempt, but not 100% sure. I'm going to file my return now so I can give the return to the trustee before the 341 instead of explaining why I haven't filed yet. BUT, I'm not going to spend the money until I get the OK from the trustee.

[lrprn]

My 341 meeting is set for March 10th. (It was rescheduled because I was in the hospital during my first set meeting) My question is...should I wait till after the 341 to file my taxes? I'm wondering if they will "take" my refund if I file and receive the refund money BEFORE I have my hearing. Anybody know anything about this or been in this situation?

Since you've already filed, it doesn't matter. If your trustee wants all or a part of your tax refund, then you have to turn it over when you get it no matter when you file for the length of your Ch 13 plan.

The best situation would have been to file your taxes, get the refund, and then if you couldn't protect it all with exemptions spend it wisely down to the point the amount can be protected. THEN you file. But sometimes that's just not possible.