2009 tax refund?

[momof3b1g]

I know there are alot of posts about 2008 tax refunds. But what about 2009. If we spend our 2008 refund before filing. We then file in Feb 2009, can they take part of the 2009 refund? if so how much?

[lrprn]

In Ch 7, your bk estate is set on the day you file. If you file during 2009 and if your trustee suspects that you may receive a large 2009 refund, they may choose to keep your case open until you receive your refund to see if it's enough to come after the allowed % of it. This happens most often when filers file very early or very late in the year and have had significant refunds (thousands of $$) consistently in the past. This is yet one more reason to *not* use Uncle Sam as a no-interest savings plan.

This is NOT how tax refunds work in Ch 13. Tax refunds that arrive during an active Ch 13 can be taken by the Ch 13 trustee. Whether the trustee takes all of the refund, part of it, or ignores it entirely depends on the custom in the local bk court (yet another inconsistency in Ch 13s across the US). In our case, in our local court our Ch 13 trustee allows his filers to keep tax refunds up to $2000. However, if the refund is significantly larger, then he has a right to whatever is over $2000 if he chooses to come after it. Obviously we adjust our withholdings to ensure we get less than $2K back every year

[clamp]

check your state's exemptions.... in Oregon, any refund that can be attributed to Earned Income Credit is exempt.

[momof3b1g]

check your state's exemptions.... in Oregon, any refund that can be attributed to Earned Income Credit is exempt.

What if we are filing using Federal exemptions?