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  1. #1

    Default Tax Refund, Rebate, And Chapter 7

    My question involves bankruptcy in the state of: FL

    I have a pending chapter 7, that is due to be discharged (hopefully) in May.
    I filed an extension for my taxes because I am trying to get some additional information needed before I can file, and plan on filing soon.
    I know FL has a wildcard exemption, but I am not sure how it relates exactly to this. I have no assets beyond about 1,000 in personal property that was listed. Will the trustee take my refund, and rebate. The refund will be about 1,800-2,000, and the rebate about 600 (estimate). If the trustee can take it, can this money be taken after the discharge as well?

  2. #2
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    Default Re: Tax Refund, Rebate, And Chap. 7

    If the final order of discharge is obtained before the tax refund is mailed to you, and has no contingent language concerning the refund (and I have no reason to suspect that it would - I'm just covering all the bases), the bankruptcy court would not have any claim on the tax refund. (That could be different in Chapter 13, and there are cases where a trustee has successfully reopened a closed Chapter 13 bankruptcy to distribute a tax refund to creditors.)

    What happens during bankruptcy? That depends upon your exemptions, and you've apparently already found a list of your exemptions. Sorry, but I won't guess at what your exemptions might be, even with your reassurances that you have few assets. That's something to confirm with your bankruptcy lawyer.

  3. #3

    Default Re: Tax Refund, Rebate, And Chap. 7

    Hello,
    Thank you so much for your response. I filed Chapter 7 pro se, so therefore no attorney to ask....

    I am trying to obtain the SS# of the person that kept my son last year, and the person has moved, so therefore the reason I have not filed yet.
    As far as my exemptions go, the FL law has the wildcard exemption (as you know), as I have few assets and am definately under the 4k of exemptions mark, or is it 5k....too tired to look it up right now, I was hoping I would get to keep my refund and rebates after I finally file my taxes (hopefully, very soon).
    My creditors had until yesterday to object (correct term?) So, If I have done my research properly, my discharge should come in about a month.

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