Question on filing - timing with tax refund?

[Maquis]

I received a somewhat large tax refund ($2700) on 3/26. I will have this money spent to pay my property tax ($1800, due 5/15) and homeowners insurance ($900, due 5/24) before I file.

Will the trustee be asking for my tax refund, he will obviously see it on my included tax return. Should I just be prepared to state that it was used to pay for necessary expenses?

Would there be a benefit if I were to wait longer to file? I was planning on filing end of May/beginning of June.

[keepmine]

Those are reasonable uses of a tax refund and will cause no issues.
Just be sure those checks have physically cleared the bank before you file or, you may have more cash on hand than your state exempts.

[Maquis]

Thanks for the reply; I assumed as much, but love to hear a supporting opinion.

Here's a followup question: I would be eligible to file for a property tax refund from my state - which would be about $1000. If I file for this, it would be paid out in September. Would this also be something the Trustee would look for, and possibly ask for if I did get it? My case could still be open by that time. Or is this also something that I could show reasonable expenditures for (Which would be 2nd half property tax of $1800)

[SMinGA]

Money that is owed to you is different than money already spent.

This refund would be an asset. Whether or not you get to keep it depends on whether or not you can exempt it. Depends on your state's exemptions - look for wildcard exemptions in particular.

[Maquis]

I have not filled out the paperwork for the property tax rebate, and it is not required. I can wait to file for the refund until August 15th.

If the trustee would be entitled to get my refund (if I am not able to exempt it) if I filed two months after my BK date; I may as well not file for this refund at all?

[LadyInTheRed]

You're in MN, right? If you use the federal exemptions you may be able to exempt the property tax refund, if you don't need the wildcard for something else:

522(d)(5) - $1,075 of any property, and unused portion of homestead up to $10,125.

Edited to add: If you are entitled to a refund, you probably have no choice but to list it as an asset. I'm not sure about this. Make sure your attorney knows about it.

[Maquis]

I had thought about that, but I'm not sure if I am using the federal exemptions yet. My wife and I have about $45k in home equity, and we want to stay in our home. MN homestead exemption would assure that we would be able to keep it.

If we used the federal exemption, we would use all of the homestead exemption ($20k, doubled) and still need to use at least $5k of our wildcard.
I am still working through our personal property to figure out values, and to see if we need to use wildcard for that. I may need to use a couple thousand in wildcard for one vehicle.

Right now I am trying to figure out if I should file pro se. I may have just enough in assets that I may need to get a lawyer so that I don't make a very costly mistake.