How much of my tax refund will I be able to keep?

[LadyInTheRed]

Don't forget - you file the Ch 7, and in doing so you turn over everything that you own to the Trustee, who then releases what he feels is appropriate under the law back to you. That is the very essence of a Ch 7.

That is not the essence of a Ch 7. The trustee doesn't get to decide to what what is exempt and what is appropriate to release. The trustee is not that powerful. If the trustee doesn't agree with a claimed exemption because it is not authorized by law or he believes the debtor undervalued the asset, he has to file an objection to the exemption within 30 days after the 341 (unless he is granted an extension). After a hearing, the judge rules whether the debtor is entitled to the exemption. The trustee must release all exempt assets to the debtor whether he feels it is appropriate or not.

[LadyInTheRed]

Well isn't that generous of him. IMHO that is something that the attorney should've covered in the planning/paperwork stages. I believe that if I had paid an atty the kind of money they charge for a BK7 and I found out my tax return was at risk because he didn't properly list it in the exemptions, I'd be expecting him to amend it for free and be thankful I wasn't pursuing a malpractice claim against him. Geesh!

I agree. If the attorney didn't ask if chiwawa was expecting a tax refund, he should not charge for the amendment.

[goturtlego]

No, I'm saying that when I find an attorney, I'm going to use money from my tax refund to pay his/her fee.

When you get your refund, pay your attorney and then file.