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will the trustee take all my tax refund

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    #16
    Wghat are my exemptions for Missouri...out Of 13k what should I except to keep

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      #17
      Originally posted by babygirlkeke View Post
      Wghat are my exemptions for Missouri...out Of 13k what should I except to keep
      MO does have an Head of Household exemption to protect any property up to $1,250 plus $350 per child for head of family, plus there is a Wild Card exemption to protect up to $600 as well. (See http://www.cp-law.com/Articles/Misso...emptions.shtml) 'Property' can include cash; in your case, cash from your tax refund.

      Depending on how many unmarried dependents under 18 you two have plus the $600 wild card, as long as you don't have to use the exemptions for anything else, you may be able to protect about $2,100-2,800 of your tax refund outright using these two exemptions. However, that still could leave a large portion of your $13K tax refund unprotected

      Please be sure to discuss this with your lawyer to be certain this is indeed the situation you may be facing.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #18
        Originally posted by lrprn View Post
        MO does have an Head of Household exemption to protect any property up to $1,250 plus $350 per child for head of family, plus there is a Wild Card exemption to protect up to $600 as well. (See http://www.cp-law.com/Articles/Misso...emptions.shtml) 'Property' can include cash; in your case, cash from your tax refund.
        lrprn, is this one of those state by state differences? In Texas two attorneys told me the STATE exemptions for property do not protect cash. To me cash should be property as you describe above, but apparently TX does not agree with you. So both those attys said the fed exemptions/wild card would be better for me, because I want to protect my car. (Worth anywhere from $7K to 10K, depending on which website you choose and whether private sale or retail price, etc.)

        Then again...I have very little cash to protect...and I could file as a Texan at end March. (Which seemed further away in November when I started consulting with attys.) TX provides $30K exemptions shelter for car, household, etc., but not cash...but if I don't have a lot of cash to protect, maybe that will be the better way if I can wait.

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          #19
          In CA, I have to use the wildcard to protect my 2009 tax refund (about 9k). Filed last week and waiting for 341.
          File BK7: Jan 4, 2010
          Reschedule 341: Mar 16 2010
          Discharged: Apr 22 2010
          Closed: May 6, 2010

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            #20
            So what about the personal exemption like clothing and home appliances it said up to 3,000 I can claim...if I don't have that now can I file that as an exemption to keep more of my taxes

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