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Can we keep tax return before our 341??

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    Can we keep tax return before our 341??

    We initially filed a Ch. 7 in September. That was declined and we just converted to a 13. So far we made it through the resistance deadline. Our lawyer is to have our plan submitted by Febr. 8th and our 341 isn't until the beginning of March. I have been waiting for our tax return desperately because I need to buy some prescriptions and pay for some medical bills on an upcoming procedure as well as dental bills. We're worried about spending it now. Our lawyer won't tell us one way or another if we can spend it or not. He says it's different for everyone but in our state they normally let you keep it?? I'm so confused. We're getting about 1500 back and it would all go towards medically related items. Can we use this?? Should we spend it? We should be receiving it on Febr. 8th. What would they do if we did spend it? I don't want to get in trouble but our lawyer won't give us a straight answer and I can't wait to buy our medicine until the 341 meeting. I'm really frustrated. Any words of advice?

    #2
    I just had the same question for my atty. His reply was to spend it for normal living expenses and keep all the receipts. I am expecting about 2000 back. Kind of hard to spend that on normal living expenses. I would think if you are buying prescriptions and you keep all receipts to prove it, you would be ok. Any one else have any experience with this?

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      #3
      Pay some bills, buy your meds, BUT keep receipts for everything, in case they are asked for.

      Me, I used my refund to pay my attorney...... the Trustee just smiled......

      Shouldn't be an issue, so don't worry much about it....
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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        #4
        We saw a 5th attorney today to *pre-file* and get our ducks in a row, so to speak. I asked about the income taxes, 07 and for the next 5 years. He said as of now, the trustee does not ask for the refunds. He did say *they* are trying to pass a law or make an amendment so the trustee definitely gets the refunds. I'm in Ga.
        ~~~ Toomuch ~~~

        Filed Chapter 7 - 10/15/08
        341 Meeting - 11/13/08

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