Legal Question in Bankruptcy in New York

income tax refund

I filed chapter 7 in June of this year, trustee wants copy of 07 income tax return when I file in 08. I can't cash the check until he approves. If he decides to take it, how much can he take? All of it or just a portion? I get the child care credit and the EIC. Is that part of the refund exempt?


Asked on 8/12/07, 9:25 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: income tax refund

The answers to your questions depend on your individual case, which makes it very difficult for someone (like me) who knows nothing about your individual case to respond to.

If you have an attorney, make sure s/he knows of your concerns about your income tax refund. If you DON'T have an attorney, you really do need to hire one. You can call your county bar association or the New York State Bar Association (www.nysba.org) for a referral.

If you can't afford a lawyer, NY has a legal aid system in place in every county that can take care of civil matters like bankruptcy; call them on Monday morning (they usually take new-client calls just after 9 a.m.) to see if you qualify for their services (which, though free to you, are excellent). Qualifying for their services is based, I believe, primarily on your income.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 8/12/07, 10:15 am


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