Need Help Fast Tax Refund

[Ineedajob]

Guys look, I'm being shrewd.

I've been out of work 1 year, I have to move back home with my parents in NY. I currently live in KS. My wife works a part time job...I'm pretty sure we're below median income.

We filed BK April 23, the same day I got the last of my tax refund.

If I bought say food with it...is there any way to prove I didn't? The refund I received was a total of 3500 dollars.

or

hypothetically, let's say I still had the money, what are the chances that the trustee will seize all or part of it?

Need help friends. I certainly don't want to ruin my bankruptcy, but at the same time, I need to be able to live. I have moving expenses, etc, etc, and no job in NY yet either.

[Ineedajob]

a lawyer told me I should spend the money, but she never said I would have to prove that I did. So obviously, I have no records.

[Majakat]

If you still have it put it in a roth ira - it will be expempt - if you need it later you can take it out for 10% - which is better than it being taken...

I think my atty would laugh me in the face if i told her i spent 3500 in food since 4/23...

[Ineedajob]

I filed pro-se.

[Ineedajob]

what about calling the trustee and telling him the situation? Does honesty and forthwrighteness get punished in BK?

[SMinGA]

Whatever you have/own at the time of filing is part of your bankruptcy estate. Anything you cannot protect with exemptions can go to the trustee.

Does your state allow any wild card exemptions or exemptions for cash/funds on hand? If so - you need to claim those exemptions.

It doesn't matter what you spend money on after filing.

[Majakat]

What state are you in?

[Ineedajob]

Ks

[Majakat]

From:

http://www.jaygrodsky.com/Practice-Areas/Bankruptcy-in-Kansas.shtml

What Exemptions are Available in Kansas?

Bankruptcy law in Kansas provides exemptions for certain assets, allowing you to maintain possession in Chapter 7 or Chapter 13 proceedings. These exemptions include:

Unlimited home equity
Jewelry to $1000
Wedding rings
Motor vehicle to $20,000
Tools of your trade to $7500
Life insurance benefits

Kansas bankruptcy law does not offer cash exemptions for personal bank accounts — it is wise to spend these accounts down before completing your initial bankruptcy application.

[newbie2]

**tried to delete, duplicate reply***

[newbie2]

Since you already filed, and didn't exempt the tax refund I would expect at your 341 meeting that the trustee would ask you about it. If you say you spent the entire $3500 on food since April 23rd expect that the trustee won't believe you.

Edited to add: It really is not worth jeopardizing your bankruptcy case by trying to pull the wool over the trustees eyes. He / she has seen and heard it all, and will know that you are trying to keep the money from them.