Michigan Tax Question

[kc2010]

I have filed chapter 7 in the state of Michigan. I am about 1 month away from the meeting of the creditors. I need to know if I can file my 2009 tax return. My attorney is less then helpful and will not give me a solid answer on if this is ok or not. I do not have any tax debt. I anticipate my return being under $1000...Hopefully someone knows...Thanks!

[OhioFiler]

You can file but the trustee may want to take the refund if you have not exempted it. If you file and receive your refund before the 341 meeting I would recommend not spending it until you attend the meeting.

[kc2010]

Thank you!

[Mi Bankruptcy]

I was in the Western District and my attorney said they don't usually take tax returns. However, I have heard in the Eastern district a trustee has taken it before. If you have enough room left over in your exemptions tell your attorney you want to exempt your tax refund for "anticipated tax return"

[cmisz]

I would like to know too! I have not filed (Ch 7 bk or taxes) yet and I expect a return of $2500-$3000. This is the money I use to pay my property taxes every July and they can't be paid early. Do they frequently take tax returns in Michigan? Anybody???

[newbie2]

Cmisz: They will take them unless you can exempt them. Your attorney will be able to advise you on your exemptions.

[Migal]

My attorney asked how much last years tax return was on our initial paperwork. That amount was then exempted on our bk paperwork. The question never even came up at the 341.

Cmisz: They will take them unless you can exempt them. Your attorney will be able to advise you on your exemptions.

[aces67]

You need to ask your lawyer if he can exempt it for you.

You can go ahead and file just don't spend it.