Legal Question in Bankruptcy in Michigan

money recieved after filing

I am having much difficulty getting an answer to this question:

If I am in the middle of a Chapter 7 Bankruptcy (joint with my spouse), and qualify for an Income Tax Refund, which I usually do, can or will my Trustee or the Court take any Refund that I recieve while in bankruptcy and put it towards my debts before discharge, AND, if they can or will, is there a time distance between filing and discharge that will keep my Refund from being confiscated by the Trustee or Judge. Is it considered an asset?

I have limited income, it would greatly help me to keep that Refund. Thank you for your time and assistance.


Asked on 9/30/99, 1:59 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: money recieved after filing

Your tax refund for years ending before you file is an asset of the estate. Whether you can exempt it under your set of circumstances is another question that you should ask your bankruptcy lawyer.

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Answered on 9/30/99, 3:48 pm


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