getting ready to file in NE tax refund question

[Juice]

ok I just filed my taxes and I am expecting about $5200 refund. Should I wait to file chapter 13 until I get my return or before? Also everyone is telling me I get to keep my tax refund in the state of nebraska, but I can not find anything that states that. Very confused, I need that $$ for my daughters braces that she gets next month.

Also any advice on how to get through 5 years of chapter 13???

[ValleYum]

I found the following on a Nebraska BK attorney's blog from 2011 located here.

In Nebraska, two exemption laws protect tax refunds. The "Wildcard" exemption of Neb. Rev. Stat. 25-1552 protects up to $2,500 ($5,000 for married debtors) of any personal property, including tax refunds. The other exemption statute is found at 25-1553 which protects federal and state Earned Income Credit refunds.

The problem is that the wildcard exemption of 25-1552 is also used to protect bank accounts, guns, vehicles, and other personal property.

From Nebraska Revised Statute 25-1552:

25-1552. Personal property except wages; debtors; claim of exemption; procedure.

Each natural person residing in this state shall have exempt from forced sale on execution the sum of two thousand five hundred dollars in personal property, except wages. The provisions of this section do not apply to the exemption of wages, that subject being fully provided for by section 25-1558. In proceedings involving a writ of execution, the exemption from execution under this section shall be claimed in the manner provided by section 25-1516. The debtor desiring to claim an exemption from execution under this section shall, at the time the request for hearing is filed, file a list of the whole of the property owned by the debtor and an indication of the items of property which he or she claims to be exempt from execution pursuant to this section and section 25-1556, along with a value for each item listed. The debtor or his or her authorized agent may select from the list an amount of property not exceeding the value exempt from execution under this section according to the debtor's valuation or the court's valuation if the debtor's valuation is challenged by a creditor.

From Nebraska Revised Statute 25-1553:

25-1553. Federal or state earned income tax credit refund; when exempt.

In bankruptcy and in the collection of a money judgment, the full amount of any federal or state earned income tax credit refund shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors.

http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=25

Did you ask your attorney's advice about your tax refund and your daughter's braces? They will know how the Chapter 13 trustees in your district handles this.

Hope the info helps you! Good luck with your bk and your daughter's braces. I am sure you will get some great advice from the Chapter 13 folks here on the forum - they are fantabulous!