How can they take money I dont have?

[doubledimple]

bank accounts

I would stop all direct deposits. I would get copies/list of all written checks to that account. I would contact my trust and express mail all copies with certified receipt. Before calling I would make a list of questions. With my taxes, I would contact my job and add all my dependents now instead of in Feb.

[sunshine08]

FLGirl, please quite stressing. You are making things worse than they are. WOrse case scenerio is that you may have to pay part of that back. I don't know how much you filed on but for us, trust me losing our income tax refund would have been bad, but considering what we owed, it was a mere drop in the bucket. What I am trying to say is that you had to be paying something on your credit cards to get the credit to be in debt. So you have to be "saving" something. I am not making light of your situation either. This is serious. But bankruptcy doesn't make miracles. You may have to get a p/t job etc., if it comes to that. But in the long run large debt vs. losing income tax refund (I really don't think it will come to that either), you answer the question.

[HHM]

As for payday, its the date you FILED your petition, its the balance in your account on the date you FILED your petition that maters, the date of the 341 is completely irrelevant to anything in the bankruptcy except that it marks the beginning of the 60 day countdown to discharge.

As for tax returns...it depends on your states exemption, if you have no way to exempt it, then yes, your trustee has a right to a certain portion of any tax refund you would be entitled to when you file your taxes for 2005.

As for the question, how can they take it if I don't have it?, the trustee will simply dismiss your bankruptcy, or worse, deny you your discharge if you are unable to turn over assets that are properly those of the bankruptcy estate. Note, denial of discharge is worse than dismissal, if you are denied discharge, then NONE of the debts listed in your BK can ever be discharged.

[skincomplicity]

I live in Az. And one of the pages the trustee sent to me stated for me to acknowledge that if I was due a refund in 2005 , that it is property of the estate and that I will send it to him upon receiving it. And that I should file my taxes as soon as possible since the Bk is not closed until I do so.
I think It has something to do with the time frame. My sister filed earlier this year , lives in AZ, and was never asked about her refund for 2005.

[quest42]

FLGirl -- What is on your schedule C - exemptions?

Florida allows $1000 (personal property, like wildcard exemption) and Florida Statute 222.25 will say something about your Federal Tax Refund exemtion... and 222.11 about head of family wages exemption up to $500 per week...

... according to NOLO's Chapter 7 book, appendix 1 / 8 ...