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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 08-06-2007, 04:37 PM
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Join Date: Apr 2007
Posts: 33

A ?? about taxes?


What is the name of your state? MI

I am in currently trying to reopen my chapter 7 case because I didn't do the 2nd part of the credit class on time but if I do get my discharge I was wondering if I'd lost my tax refund next year?

I didn't get an attorney so I was hoping you might help me.

I have 4 kids and my ex never pays child support. This is part of the reason I was forced to file chapter 7. When I file my taxes I usually get an earned income credit and get around $4000 back. I've always used that to catch up on bills but last year I paid to file bankruptcy with it and put the rest towards the car I reaffirmed. If I get the $$ this year I'll be able to pay off the car. That would help me out a great deal. I went to my 341 meeting they never said anything about taking my tax refund but a friend just told me that I would likely not get it. If they were going to take my tax refund would they have to tell me first? Can they just take it? Would I get a letter telling me that they were gonna take my refund?

Not sure if it matters but I am remarried but did NOT file with my current husband since my debts were from before I met him. He can't afford to pay them off either. We file our return jointly so part of that money is his.
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Old 08-06-2007, 07:59 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
When you say 'this years refund' are you referring to the tax return that should have been filed on 4/15/07 or are you referring to the tax return due NEXT year ?? If you're worried about the 2008 refund, don't - the Trustee is very unlikely to take a refund due you by then.

Your new husband is in no way liable for your debts.
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