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What You Should Know About Tax Refunds and Bankruptcy

Posted By Allmand Law Firm, PLLC || 14-Feb-2014

Your Tax Refunds and Bankruptcy

Tax season often raises questions about what will happen to a tax refund if bankruptcy is filed. This can be the best time to discuss your questions and concerns with an experienced bankruptcy attorney. In many cases it is about timing depending on your unique situation. It may be best for you to postpone your filing until after you have received and spent your refund. For others you may be able to keep it upon filing depending on several factors.

The following points are a areas to consider when understanding your options regarding your tax refund and bankruptcy:

  • Your tax refund may be considered part of your bankruptcy estate. There may be exemptions available depending on your state that can help protect it if it is considered an asset.
  • If you plan to spend your refund before filing and use it toward necessities such as mortgage/rent payments, vehicle payments, and other household needs.You can review expenses and purchases you want to make prior to filing with your attorney to ensure they are qualified expenses.
  • You may be able to keep a portion of your refund depending on exceptions to the rule. This may also apply to those who may have filed a previous bankruptcy in the past.
  • Review with your attorney about transactions to avoid with your refund that could raise a problem in your bankruptcy.
  • Making payments to certain creditors such as a family member you owed money to could result in the court requesting the payment to be turned over to the court.
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