Question about filing around tax refund time?

[Depressed]

I believe because it's "over withholding". Therefore, if you are getting a refund, you were having too much taken out of your paychecks, which would have been DMI.

I could see where that is the case and an adjustment could be made to "taxes" under the deductions section of the means test. This wouldn't change 'income" however.

[JEM]

How is this possible, this is just a refund on the tax that was witholded from the income you are already reporting.

I believe because it's "over withholding". Therefore, if you are getting a refund, you were having too much taken out of your paychecks, which would have been DMI.

[Depressed]

Just a quick note on what my attorney said (you may already know this)...the refund WILL be counted as income so be prepared to add it and make sure you still fall under the median.

How is this possible, this is just a refund on the tax that was witholded from the income you are already reporting.

[lalap123]

Just a quick note on what my attorney said (you may already know this)...the refund WILL be counted as income so be prepared to add it and make sure you still fall under the median.

[jribe]

you'll be fine using the refund for attorney's fees. The trustee can't take a refund that was given to you before you file. They only take ones after you've filed.

Depending on the closeness to return and your 341- he may ask what you spent the money on. And you can easily say "attorney's fees" and any possible extra could be explained as necessary household items: groceries, clothes,heat etc.

When I started looking into BK, I realized it would have to wait until we had some $$ for attorney fees. I did consider pro se for a bit but ultimately decided I'd rather go the attorney route. I think I MAY be able to handle it myself but with a toddler and being pregnant (will have a newborn in march) i just don't know if I want to tackle such a project.

So.....we won't have any extra money until tax refund time. I was hoping to be able to use THAT for attorney fees. However.....I'm starting to wonder now, if that will be a problem? We pass the means test and all, have no cash on hand, no savings, the only thing we have of any real value is hubby's truck, nothing else in our names. But if we suddenly come into some money in March will that throw a kink into our eligibility? Would we need to wait months later AFTER receiving the refund to file?

[Meatstick]

Frpm what I have read here paying for your attorney with your tax refund is an acceptable practice. if you will have anymore of your income tax refund left after paying your lawyer you will need to spend it down on allowed exemptions or be prepared for the TT to seize it. Ask your lawyer he will be more than happy to guide you.



Meatstick

[lindsay2181]

When I started looking into BK, I realized it would have to wait until we had some $$ for attorney fees. I did consider pro se for a bit but ultimately decided I'd rather go the attorney route. I think I MAY be able to handle it myself but with a toddler and being pregnant (will have a newborn in march) i just don't know if I want to tackle such a project.

So.....we won't have any extra money until tax refund time. I was hoping to be able to use THAT for attorney fees. However.....I'm starting to wonder now, if that will be a problem? We pass the means test and all, have no cash on hand, no savings, the only thing we have of any real value is hubby's truck, nothing else in our names. But if we suddenly come into some money in March will that throw a kink into our eligibility? Would we need to wait months later AFTER receiving the refund to file?