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Waiting to File BK until after tax refund

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    Waiting to File BK until after tax refund

    We are wanting to file but want to get the tax refund first(part to pay the lawyer so we can file) Is anyone else doing this? If so, do you know which company is the fastest?

    We normally do our taxes on turbotax online but since we were self-employed this year for 3 months not sure if we can still do it online or if it is easier to just have it done professionaly.

    Either way I think it will be February before we get all the W-2's and interest paid on student loans and mortgages...which means we would have to file,m receive refund, spend it and file all in February in order for the refund to not count as income.
    Last edited by okiemom2008; 01-08-2009, 04:01 PM.

    #2
    12/31/08: Filed for ch 13. (FICO: 605 as of 1/5/09, 648 as of July 2010). 02/11/09: 341 mtg. Plan confirmed for $200 per month for 36 months... (20 down 16 left)

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      #3
      We are doing that too. We have to pay the lawyer too. We haven't spoken to one yet but I know they are really expensive. We are getting our action plan situated and planning on filing in about 6 months.

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        #4
        We filed after I got my refund. The attorney wanted to know what happened to the money (we paid bills). It was never an issue in our case.

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          #5
          Originally posted by mynameainttracy View Post
          We filed after I got my refund. The attorney wanted to know what happened to the money (we paid bills). It was never an issue in our case.
          so they did count it as income?Did you get the refund the same month you filed?>

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            #6
            In my original post I was referring to when I filed a 13 (I forgot I was in the ch 7 forum). They did count it as income and what they did was take the $3000 refund I got and divided it by 12 and said that I should have that much extra each month. Unfortunately I also filed 7 about 12 years ago (please don't judge) after I got swindled by a boyfriend and they didn't care about the refund in that case.

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              #7
              The tax refund is income on the means test - no doubt about that.

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                #8
                I dont get it. A tax refund is NOT income, it is a refund of taxes already paid from your income you already earned. If they calculate your means test from gross income, IMHO, the tax refund should be treated as cash savings, not income.

                I am using my refund to pay my attorney. It sure seems like the smartest way to "get rid of it".
                Once you lose everything you're free to do anything.
                Filed 10/06/2009
                341 11/12/2009
                Discharged 1/15/2010

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                  #9
                  They do figure your income on gross on the means test but you also deduct your taxes on it, so that is why tax refunds are considered income.

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                    #10
                    Originally posted by fathergolf View Post
                    They do figure your income on gross on the means test but you also deduct your taxes on it, so that is why tax refunds are considered income.
                    Oh, I see...When I did the means I did not see a place to deduct taxes.

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