Legal Question in Bankruptcy in Ohio
My bankruptcy was discharged 1/2/2014. I received a letter from the trustee last week that I have to turn over my 2013 income tax return and the non-exempt portion of the 2013 state and federal income tax refund. I represented myself in my bankruptcy case because I cannot afford an attorney. I am a little confused on this recent letter. Can I fight this? This is the money that my husband and I use for catching up on household bills after me being laid off all summer as well as buying anything our children need and repairs on our house and vehicles (there are many at this point). Please advise! Thank you.
1 Answer from Attorneys
The trustee may be entitled to collect the portion of your 2013 refund attributable to the period of Jan. 1, 2013, to the date of filing. If you failed to marshal exemptions correctly, you may have left this asset exposed to turnover to the bankruptcy estate. Unfortunately, there may be nothing you can do at this point to protect those funds, and certainly not without hiring a lawyer to review the matter.
I'm sorry to say this may be an example of how you can be penny wise and pound foolish when it comes to hiring a lawyer.
- BensonBankruptcy.com
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