Legal Question in Bankruptcy in Florida

Not if you are filing a 7.

Do you mean "will my future tax refunds be garnished to pay non-tax debts?"

the answer is "No".

If you file a Chapter 7, your "property"as of the date you file must be listed. Most if not all of that property may be "exempt" meaning you can keep it despite the bankruptcy filing. If, on the date you file, you are entitled to a tax refund, you have a "property right" in that refund, even though you don't jknow how much that refund will be, and the Chapter 7 trustee may have a claim on the amount that you are owed on the date you file.

In other words, if you file on June 30, the trustee is likely to be entitled to half the year's refund, because half the year has passed. This may change if your income changes during the year.

In a Chapter 7, you would, at worst, onl;y lose one refund, not future refunds.

If you file a Chapter 13, your refund during the plan period may be lost unless it is properly calculated in the Chapter 13 Plan and supporting documents.

Generally, with an experienced firm these are not huge issues and can be planned for. On simple way to do it is not set up withholding so you don't have a big refund.

Good Luck.

Robert Wilcox

(904) 281-700