Can the court take my income tax refund

[Michelle Rene']

What is the name of your state?Colorado
I have my meeting of the creditors on the 22nd of this month. When I file my income taxes in April 2005 for the year 2004 will they take it? Should I have my exhusband claim the kids on his taxes so they don't take that part of it for the kids??

[ihatearizona]

The Trustee most likely will take your refund. You should know more when you attend your 341 meeting as our Trustee handed all defendants a form stating that she was entitled to our refunds as part of the BK estate. We had to sign the form and return it to her. Whether your Trustee decides to take this approach is up to them.

[smorr]

I filed a Ch 7 bankruptcy back in Nov. 2002, the meeting was early in February 2003. I had not yet filed my returns. I vaguely remember whether or not she may have asked if I was expecting a refund, but I had also not filed my taxes for 2002 at that time. I owned no property and had nothing for tangible assets. It's anyone's guess as to what your particular Trustee will request from you and it may depend on whether or not you own real estate. I ended up filin my return after the meeting took place and received my federal refund (whew!) about a month after my discharge in mid-March. I think I had already gotten my state refund.

[djohnson]

This is individual circumstances. What chapter are you filing? That may make a difference also.

[dcurry]

tx I got my tax return back it was over 4,ooo and they told me that the trustee don't handle that any more and to ad to it my lawyer said I would get it back if I was current on my payments