Legal Question in Bankruptcy in Nevada
bankruptcy and tax refunds
I am going to file chapter 7 bankruptcy in 2002. I am getting a tax refund from my 2001 taxes. Do I get to keep the refund?
2 Answers from Attorneys
Re: bankruptcy and tax refunds
If you file bankruptcy before you receive your refund, you will have to turn over the refund to the Trustee. If the amount is small, the trustee may abandon the refund and return it to you, but you would be wise to file your taxes, get the refund and spend it before filing bankruptcy. Don't use it to pay debts that will be discharged or to acquire a non-exempt asset.
Are tax refunds exempt in Nevada
Nevada law does not provide an exemption for income tax refunds. The only way to keep a refund is to receive it and spend it BEFORE you file Chapter 7 or 13. One of the most important reasons to hire an attorney is for their knowledge of loopholes in order to maximize what you can keep when filing bankruptcy.
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