If I file a chapter 7 bankruptcy at the end of the year, will the Trustee take my tax refund in the spring?

The answer depends on the amount of property you own that is listed on schedule A and B of your chapter 7 bankruptcy schedules. Schedule A lists all your real property and any equity you have in the properties.

Schedule B discloses all your personal property and also provides a fair market value for each item or collection of items. Your expected/anticipated tax refund should be listed on Schedule B. Schedule C is the list of exemptions you are using to protect the property that has been listed on Schedule A and B.

This is the part where doing it yourself without the help of an experienced bankruptcy attorney can get expensive. If your exemptions extend to all the property you listed, then it is a no asset case for the Trustee and you can keep everything. If your bankruptcy exemptions don’t cover all your property or you list exemptions that you are not entitled to, then the chapter 7 trustee will seek to take those ‘non-exempt’ items and object to the exemptions listed.

The hiring of a bankruptcy attorney is an important decision that should not be made solely upon advertisements. Before you decide, ask us to send you free, written information about Miami bankruptcy lawyer, James Schwitalla, P.A, and our firm. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Contact us today.