pro se QUESTION please

[laari]

Filing pro se is daunting at first, then it starts to roll along and you get through it. I filed Oct 14 and was discharged feb 23, of this year. Now I get a letter from the trustee motioning for me to surrender my tax refund, which is about 1500.00 That money is from my voluntary social security disability holdings, not from any other income. I have the money already earmarked for the dentist etc.; Can they really take my tax refund seeing as it is volintary disability withholdings???? Do i need a lawyer? Any info would be much appreciated. Ps if this is in the wrong spot I am sorry

[justbroke]

Seems like you didn't exempt the taxes. When you filed, you should have exempted your future income tax refund for 2008 on Schedule B and C. Do you even know if you have any exemptions left?

You may need to re-open your case, just to exempt the refund. Problem with that is, that re-opening costs $265 or so. If you hire a lawyer, if one would even touch an already filed pro se case, would cost even more.

You may be able to seek legal aid or a similar service providing pro bono or reduced rates. I don't know what else to tell you.

While I'm a pro se filer as well, exemptions is the single most troubling area for filers. A failure to exempt some property just means that you left money on the table, for the Trustee to take.

[HHM]

Yes, the trustee can take your tax refund, unless you have an exemption to cover it, the refund belongs to the trustee.

I suppose maybe it is a wash, but spending $1,500+ on an attorney might have been worth it.

[laari]

thanks for resp0onding

I totally thought social security disabiility was judgement proof. How do I reopen the case by myself to add this refund aas an exemption?

[justbroke]

I totally thought social security disabiility was judgement proof. How do I reopen the case by myself to add this refund aas an exemption?

It would cost you the re-opening fee which is $260+ dollars. Then, you would need to have available exemption(s) left over that would cover the refund.

Judgment proof doesn't apply to Bankruptcy and the U.S. Trustee. In a Chapter 7, or even a Chapter 13, the Trustee wields wide power over your Estate and assets.

I can't recommend you proceed because you need legal advice and I can't offer it. Do yiou understand the exemptions available in your State? Do you have $260 dollars or so to re-open a case? Do you know how to motion to re-open the case? Do you know you'd still pay $26 to update the schedules as well?

I'm not trying to discourage you, but you have lots of things to consider. Especially if you don't get the exemption right and the Trustee objects because, for example, your State doesn't allow you to exempt more than $XX in cash.