Question spending Tax return before filing

[lovecoffee]

Hi,
I'm new to the forum, many thanks in advance for all your suggestions.
Most of my debts are investor (non-consumer), so I'm hoping for a chapter 7 bk, but don't know yet. I've retained an attorney a few days ago and we're working on the paperwork.
My question is this: I am expecting a 2008 tax return from the IRS soon, close to $4,000. Can I spend that on something I need before I file? How does the court look at someone spending their last money from the checking account before they file?
Thanks
LoveCoffee

[keepmine]

There are threads galore on this topic. MAybe the mods should select a few and pin them somewhere.
Short answer is, if you can't exempt the refund then, spend it down. Don't make any wild luxury purchase and keep recipts just in case.

[kenshirley]

Well we did not have much coming back and our attorney told us to spend it before we filed.
However, $4k is a little harder to justify getting rid of.
I would suggest you talk to an attorney on the matter.

[lovecoffee]

Since I'm such a newbie, may be my questions are naive, so thank you. I'm trying to educate myself as much as I can. Tell me if I'm wrong, but if I'm not incurring any NEW debts (by charging my cc) but simply spending what I have left, would that be wrong in the eyes of the BK court? For example: I badly need a new vacuum. also, can I prepay the childcare for my kids for the summer?

[kenshirley]

But prepaying any bill you are keeping leaves you with money left over.
If they see that money left over they might just declare it excess and want you to go to a Chapter 13.
See an attorney, that's the best thing I can tell you.