Chapter 7 Newbie

[MrsLanier]

Hello, I am new to the whole process of bankruptcy. My attorney will be filing for me tomorrow, finally after much debate.I forgot to ask him a question that has been bothering me. I am sure this has probably been asked before but I was wondering, when I file my taxes next year for 2009 (I have a dependent) will my entire tax refund be taken because of my bankruptcy? Does debts being discharged before the year ends have anything to do with it?

Thanks in advanced.
-Mrs. Lanier

[optimistic1]

Maybe. It depends upon the amount of time that has elapsed between the BK discharge and the receiving of the tax refund. Generally any refund that can be seized by the trustee must be pro-rated.

It would seem as though this might be on a case by case basis, and a trustee preference, but your attorney (if you hired a good one), should be able to tell you.

[LuciluS]

Your 2009 Tax Refund maybe Exempted. Call your Attorney first thing in the morning and ask him. I say 1st thing as most Attorneys (sp?) or is Attornies, dang I've lost it LOL!, file your Bankruptcy Electronically.

I don't understand your other question. If you are talking about Credit Card penalties, finance charges etc., those will stop once your CCs are notified which is usually handled electronically. If you incur debts not listed on your Credit Matrix after filing, most likely, they are not discharged.

Luci

[MrsLanier]

Thanks guys and thanks Luci that was what I was asking lol!

[justbroke]

Hello, I am new to the whole process of bankruptcy. My attorney will be filing for me tomorrow, finally after much debate.I forgot to ask him a question that has been bothering me. I am sure this has probably been asked before but I was wondering, when I file my taxes next year for 2009 (I have a dependent) will my entire tax refund be taken because of my bankruptcy? Does debts being discharged before the year ends have anything to do with it?

Thanks in advanced.
-Mrs. Lanier

Your lawyer should have exempted your refund. If he didn't... the Trustee may claim 5 months worth (since you're filing before June 1st). If you don't get much back, then the Trustee won't be interested.

However, the key is... was it exempted?

[LuciluS]

Mrs.Lanier:

I kinna had a hunch you were worried about the Credit Cards. If you have the time, read as many posts on this forum and use the 'Search' button and then ask questions. This is, by far, the best Bankruptcy forum on the Web.

Justbroke:

You are right her Attorney should have exempted, But, how many, many posts have been made where the Poster says their Attorney didn't even mention it.

I agree with a few other people on this Forum. You should be a Bankruptcy Attorney and I am being honest. The knowledge you put forth on this Forum is incredible and True!!

Luci

[justbroke]

You are right her Attorney should have exempted, But, how many, many posts have been made where the Poster says their Attorney didn't even mention it.

Too many times, but I think she has time to go fix this with her Attorney if the case isn't even filed yet! (Can fix this up to case close!)

I agree with a few other people on this Forum. You should be a Bankruptcy Attorney and I am being honest. The knowledge you put forth on this Forum is incredible and True!!

Thanks, but no thanks. Because, then... I'd have to put that silly "I'm not your attorney and this posting does not create a client-attorney relationship"

[LuciluS]

thanks, but no thanks. Because, then... I'd have to put that silly "i'm not your attorney and this posting does not create a client-attorney relationship"

roflmao!