If you have not filed.

[desperate&broke]

and normally expect a nice tax return (speaking of 2009 here) would you wait til you got it and spent it or would you not chance it?!?!?

[Over our heads]

We are expecting a hefty return, our lawyer advised us to file after we got the money and responsibly disposed of it. For us it is going to the mortgage. The only reason we would file earlier and loose it is if our hands were forced to do so.

[Brookamy]

So if I file in the next couple of months, the trustee will try take my refund?

[RK05]

The way I understand it is that if you file this year they can "pro-rate" what they can take. Since we are 3/4 way through the year they would be able to take that much. Depending on the state though you can save some more of it through exemptions. You will need to talk to an attorney about that though.

[Lajazz947]

I just got my refund and I saved the cash for next year's taxes.

I assume (at my own risk) that since I will be filing later this month and I actually saved the money , did not spend it, the trustee might decide not have anything to say about it?