Legal Question in Bankruptcy in Florida

Taking a tax refund

We filed for bankruptcy, Chapter 7 on January 8, 1999. We were told that we were to list all of our assets and obligations, which we did. We were told that we were free to "make new debt" even before the bankruptcy was discharged. I had numerous vehicle repairs on top of being forced to move; my employer gave me a loan contingent that I pay it back with my income tax return. My Trustee however has just informed us that I am not able to get my tax refund and even though this is a debt and asset after my filing, the asset they can take but the debt I cannot add to my bankruptcy. Can I prevent the taking of this tax refund so that I don't loose my job by not paying the Promissory Note on Demand that I signed to my employer - payment listed as tax refund money.

I am to go for my creditors meeting on Friday, January 19, 1999 and am suppose to bring him my return at that time so I need to know very, very quick.


Asked on 2/17/99, 5:10 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Taking a tax refund

I regret the delay in replying to you. Unfortunately the tax refund will go to the trustee. It was an asset in existence at the time of the filing. You can probably amend your schedules to include the debt to your employer, and it discharged.Discuss the matter with your attorney, if you have one. You may reach me at 305-940-8080.

Alexander M. Rosenfeld

Rosenfeld & Stein, P.A.

18260 NE 19 Ave


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Answered on 2/25/99, 2:41 pm


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