Ch. 7 questions re: tax refund

[username1223]

We just filed ch 7 and our 341 is Jan 13. My question is what happens regarding our taxes this year. My lawyer said to wait and file until after the bankruptcy is over so that is what I am doing. However I'm reading some posts and I see some people needed to do their taxes before because their refund needed to be kept by the court. Does the court, trustee, keep your tax refund for the next year????

[keepmine]

It just depends on if your state has enough exemptions that you can claim it as exempt property. Also, if the refund is below what your trustee would consider meaningful recovery he/she will likely abandon any claim on the refund.
You really need to get some hard answers from your lawyer on how your district handles this.

[Debbie2]

We just filed ch 7 and our 341 is Jan 13. My question is what happens regarding our taxes this year. My lawyer said to wait and file until after the bankruptcy is over so that is what I am doing. However I'm reading some posts and I see some people needed to do their taxes before because their refund needed to be kept by the court. Does the court, trustee, keep your tax refund for the next year????

My Attorney told me that since I filed Ch.7, the chances of them taking any of my tax refund is slim to none, he also said, had I filed Ch.13, it would be a different story.

Btw, I live in GA.

[welovedis]

We filed ch 7 and the BK trustee said he'd "like to see our 2008 taxes". I asked our attorney if that meant that our bk wouldn't be discharged before we do our taxes and he said no, that it just meant that he needed to see a copy of them & if we were getting a refund, not to spend it before the BKT says ok to that.

We're still waiting to see if we're in the 60 day club though as our 341 was continued to 1/6/08. We gave the rest of the docs they were asking for so hopefully we won't have to appear again and the 60 days are ticking away.