Legal Question in Bankruptcy in New York

If the trustee has made a demand that the refund be turned over, then entry of your discharge would not affect the trustee's right to the refund. Assuming that the trustee is correct in demanding the refund (i.e. it is not exempt), then the trustee can ask the court to revoke the discarge if you refuse to turn it over. The trustee is entitled to any amount in excess of the exemption. How much of an exemption you are entitled to depends on when the case was filed (new law took effect Jan. 21st), whether you claim a homestead exemption, and how much you have in your bank account.