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spent tax return?

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    spent tax return?

    Does anyone know how long we need/should wait to file after getting a tax refund that you spent? Short story: Got apx 6k back, used it for a house payment, paying misc. bills and food. but how long do they look back or will it cause issues.... didnt have enough for all the creditors so wasnt going to give it to them but now did I get myself in a worse jam

    any info appreciated thanx

    #2
    The lookback period is 6 full months before your filing date. For example, if you file on July 10 (example only) - then the income used is Jan 1 thru June 30. If your tax refund is in that period you need to show where the funds were spent (usually). This varies from district to district, it is better to be prepared and not need it then to need it and not be able to find your receipts. Good luck.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      I don't know the answer to how long you should wait, but I do think you should adjust your withholdings. Depending on when you file, the trustee might take NEXT year's refund if he/she knows you get that much back. Try to keep it at $1000 or less. Also, look at what the norm for tax refunds is in in your area. Trustees are different all over the country.

      Good Luck. We are a full year and three months since discharge (filed 10/07) and I still say it's the first financially savvy move we've made. No regrets!

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        #4
        Originally posted by StartingOver08 View Post
        The lookback period is 6 full months before your filing date. For example, if you file on July 10 (example only) - then the income used is Jan 1 thru June 30. If your tax refund is in that period you need to show where the funds were spent (usually). This varies from district to district, it is better to be prepared and not need it then to need it and not be able to find your receipts. Good luck.
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          We received our tax return, spent it, and filed our bk the next week. We waited to file our bk based on our atty's advice. So we prepared by paying bills, paying bills one month ahead, buying groceries, grocery gift cards, auto repairs etc. Then we filed the bk the next week. As someone recommended keep a record of where the money was spent because the trustee will want to see it.
          Ch 7 filed: 3/30
          341: 5/12
          Discharged and Closed 7/20: Now known as- Free Willy

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            #6
            Thanx everyone for the info... We wanted to try to wait a as long as we can to file just afraid of garnishes or judgements. We stopped paying cc in Oct 08 (prob. just being charged off now) Husband was not working but just started a new job last month, spent tax return as prev. mentioned (none on luxuries unfortunately) just dont know how long to wait??? before we really get in trouble and now with him working again is that gonna hurt us because he'll have that income now to look back at...
            Maybe we should just file now? What have others done? Not sure if were safe wating a year out from not paying CC.

            This year was our largest refund because husband didnt work most of the year (diagnosed w/ cancer) so his buisness didnt make much profit cuz they werent able to take any jobs. I feel like i made this way confusing.... sorry
            just dont know really how to explain situation but your info has been helpful

            Comment


              #7
              What does your attorney recommend based on your entire situation?
              Filed CH 7 9/30/2008
              Discharged Jan 5, 2009! Closed Jan 18, 2009

              I am not an attorney. None of my advice is legal advice in any way..

              Comment

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