Tax Refund Check

[Keithh1632]

Filed chapter 13 on 5/10 and received my tax refund check yesterday on 5/15. Is it alright to spend the refund check without any issues coming up. Just wondering.

[momofthree]

Did your attorney exempt your tax refund on your petition?

[andy158]

Anything over a $1,500 refund goes to our trustee. Check your bk papers. It should state the disposition of any tax refunds. Our refund was $1,740 and I just sent our trustee a check for $340 along with copies of our returns. Don't spend it until you find out!

[lrprn]

There's no consistency in how Ch 13 trustees handle income tax refunds. Some take everything, some (like andy158's) take anything over a certain amount, and some let you keep the whole refund. You need to talk to your lawyer to find out what to expect from your trustee.

As already wisely advised, do *NOT* spend a penny of that refund until you talk to your lawyer.

[GG1981]

I got my State refund in late January and Federal in late February. My Bankruptcy was filed on 02/14/2010. My 341 was on 03/31/10. I kept asking my attorney what to do. He told me to wait and not spend it. On my 341, the trustee asked me if I had filed and if I had got a refund. It's been almost two months after, so I take it at this point it's mine.

State- $224
Fed-$1600

[lrprn]

It's been almost two months after, so I take it at this point it's mine.

It is *NOT* wise to assume anything in this situation. Two months in the court world is but a blink of time.

Contact your attorney again before doing anything with that cash.