Legal Question in Bankruptcy in Oregon

Oregon Earned income refund Chapter 7

Ive read that in Oregon that the Earned Income Tax refund is exempt in a Chapter 7 case. My case was filed in Feb 2008 and discharged in June 2008. I had to give my stimulus payment (in may 2008) to the trustee, and now (march 2009) the Trustee says I must send him my 2008 Tax refund (which is entirely EIC). How does this get exempted? Does he send it back to me? Also, what if I have already spent the refund (because I didnt know I couldnt, my attorney told me in June that my case was 'done' and I didnt have to pay or do anything else). And now my attorney's phone number is disconnected when I tried to call him to ask.


Asked on 3/28/09, 7:49 pm

1 Answer from Attorneys
Lillian Suelzle Watson Gresham Family & Bankruptcy Law

Re: Oregon Earned income refund Chapter 7

Write your trustee a letter and send him a copy of your tax refund showing that it was based on the EIC. You may want to check your bankruptcy schedules to make sure it was listed by your attorney as exempts funds, but even if it is not, tell the trustee is is exempted. He or she will let you know if it is any different. Once you receive the turn over notice you only have 20 days to request a hearing. So be sure you also contact the bankruptcy court and let them know you object. Contact the Oregon State Bar to get a new phone number for your attorney as he or she should take care of the paperwork. Remember you do have a deadline to object in writing.

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Answered on 3/29/09, 2:18 pm


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