Legal Question in Bankruptcy in Florida

Bankruptcy Questions

My husband has lost his job and now we are contemplating bankruptcy but I have the following questions:

1. We will not have the money to file until after we receive our tax return, will we be required to give the tax return to the court if we file a month after getting it?

2. I receive refunds from my school each semester from the disbursement of student loans, will the trustee take these refunds and if so for how long?

3. We may receive $10,000 from my employer as an adoption benefit next August if it is approved, will this be taken also?

4. What is the timeframe in which all monies that we recieve must be handed over? Is it 6 months are the filing date or discharge date?

Thank you.


Asked on 11/29/09, 7:27 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

1. The tax return funds will be an asset of the bankruptcy estate.

2. The right to receive money from others become an asset of the bankruptcy estate.

3. Probably not, if it has not been approved as of the date of filing, but more information required to be certain.

4. The assets as of filing, including the right to receive money in the future become part of the estate. There are exemptions on some things, though.

Read more
Answered on 12/06/09, 11:13 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Florida