Getting 6000.00 from refund

[tyspruiel]

We have filed a chapter 7 and asked our attorney do we need to worry about filing and getting a refund back. He asked how much we thought we would get and I just said around 2000.00. He told me that it should not be a problem. Now after finishing up our taxes we are getting around 6000.00. We need to get this refund back to pay our utilities and mortgage and to go on a planned vacation later this year. Will they keep our refund and do we have to let them know that we are getting this amount back?

[HHM]

When did you file BK?

[robivi3]

I would take care of my mortgage and utilities, most definitelty. Your vacation should be set aside, you are in bankruptcy. If the Trustee finds out that could raise a red flag. He will ask if you haven't had your first meeting.

Also be aware of one thing, your attorney gets paid more if issues get complicated.

[tyspruiel]

We filed this past friday (the 18th). If they ask have we received our refund should we tell them no or yes. I just dont want them to take it or put a hold on our account because the refund will be directly deposited into our checking.

[tinroofrusted]

We have filed a chapter 7 and asked our attorney do we need to worry about filing and getting a refund back. He asked how much we thought we would get and I just said around 2000.00. He told me that it should not be a problem. Now after finishing up our taxes we are getting around 6000.00. We need to get this refund back to pay our utilities and mortgage and to go on a planned vacation later this year. Will they keep our refund and do we have to let them know that we are getting this amount back?

No offense, but you need to get your priorities straight.

A vacation can and SHOULD wait if you are in this much financial trouble....

[destiny62]

Tax Refund

I told my lawyer about my tax refund in the amount of around 2300.00 and he said it would be considered an exemption. I am in WI, it might be different where you are. Heck, between my bills and groceries, that money will be gone before my 341 meeting.

I'd call your lawyer and ask, that is what they is there for. He's not there to judge what you'd like to do with the money, he's there to guide you and look out for your best interest. Better to ask and not take a chance at them taking it from you, right? ;)

[missy2]

haha - I'm laughing at all the vacation comments.

:-)

My lawyer told me that you are allowed to have up to $8k in your saving account. So maybe you would be allowed to keep it - ? I would talk to the lawyer.

[robivi3]

The trustee would grab that 8 grand the day he saw your bank statement. There may be an exemption but cash on hand is limited, otherwise you would pay your debts.

In regard to your question, the Trustee will ask about your refund. Your Attorney will have to show that he was paid from that refund and not from say, a cash advance. You need to catch up on household bills, do it, you shouldn't even have to ask that, it's common sense. If you don't then your Mortgage company will file a "Motion for Relief from Stay" and you will lose your home.

Do not volunteer information to the Trustee. Let him ask first. Be truthful with him, he is empowered by the Court on behalf of your creditors and is not impartial. He gets paid only IF he gets paid. That vacation will be viewed as HIS money used in order not to pay your creditors.

You need to let your Attorney know everything.

[tyspruiel]

Excuse me. My priorities are straight and this was something that was planned last year. Not that it is any of your business and what we do with our refund is our business.

[bull]

Excuse me. My priorities are straight and this was something that was planned last year. Not that it is any of your business and what we do with our refund is our business.

Then why did you ask?

[tinroofrusted]

Excuse me. My priorities are straight and this was something that was planned last year. Not that it is any of your business and what we do with our refund is our business.

You are absolutely right. However, the trustee may have another thing to say about what that refund money is going for! ;)

I wash my hands of this conversation.......

[tyspruiel]

Thank you.

[tyspruiel]

Then why did you ask?

This does not concern you.

[destiny62]

But what if you do spend the tax return money on your overdue bills (phone, cable, car, cell phone, etc), do you think they'd still count that as an income had that could have been taken? I just wonder, will have to talk to my lawyer about that one tomorrow