Legal Question in Bankruptcy in Florida

Tax Refund

I filed, Pro Se, a Chapter 7 in Florida in December 2002. My 341 hearing with the trustee was in February. At this meeting she told me that she wanted a copy of my 2002 tax return when it was filed. I asked her how I would get that to her and she said she would contact me at a later date.

Before she contacted me, I received my refund from the IRS which I used to pay some past due bills that I had (mortgage, electric, insurance, etc.) She then contacted me by mail and requested a copy of my return in which I mailed to her. She mailed me back and demanded 92% of the refund.

Can the trustee legally do this? I do not have the money to pay now because she never told me not to spend the money if I got a refund. If I had the money to pay, I wouldn't be filing bankruptcy!

Should I see an attorney and try to fight this?

Thank you for any help you can provide.


Asked on 4/07/03, 2:43 pm

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

Re: Tax Refund

Yes to both.

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Answered on 4/07/03, 5:05 pm


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