I recently filed chapter 7 bankruptcy in Illinois will I be able to keep my tax refund?
I recently filed chapter 7 bankruptcy in Illinois will I be able to keep my tax refund?
Maybe. You have not provided enough information.
This entry was posted on Sunday, January 17th, 2010 at 1:20 pm and is filed under chapter 7 bankruptcy. Follow the comments through the RSS 2.0 feed. You can post a comment, or leave a trackback.
Yes
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January 17th, 2010 at 6:49 pm
Depends,
Your trustee will take any non-exempt funds to pay creditors,
Looks like Illinois has a 2-grand personal exemption, anything over that is in play,,,
Good luck,,,
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January 17th, 2010 at 7:18 pm
if the b/k has been finalized, that contract is now in effect, if the documents indicate that future refunds will be withheld, whatever the contract states will be
otherwise, if future refunds are not addressed in the b/k yes, you should get any refunds
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January 17th, 2010 at 7:57 pm
Maybe. You have not provided enough information.
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January 17th, 2010 at 8:23 pm
http://diylegalinfo.com/bankruptcy_Links.html has a lot of information on bankruptcy questions, how to handle them yourself and other information.
References :
http://diylegalinfo.com/bankruptcy_Links.html
January 17th, 2010 at 8:51 pm
It will be discussed at your 341 meeting along with the rest of your assets.
Look at your petition.
Schedule B, #18 "Other Liquidated Debts Owing Debtor Including Tax Refund"
Best case is if your estimated refund is listed here and fully exempt using your $4000 Wildcard exemption.
Second best is if it wasn’t listed, but you have remaining unused value in your wildcard exemption. Most TTs won’t make you ammend to list/use it.
Third best is if the TT flakes out and forgets to ask (unlikely at this this time of year).
Fourth best is if your refund is based on EIC (fully exempt).
But if not of those apply, he can make you fork it over.
References :
http://www.bkworker.blogspot.com/
January 17th, 2010 at 9:35 pm