Legal Question in Bankruptcy in Virginia

homestead deed

I recently filed chapter 7 bankruptcy and went to court, the trustee said for me to file a homestead deed and he also wanted to see my income tax forms filed for 2008. My attorney wrote a homestead deed....I sent this to the trustee along with my income tax paperwork. I should be getting a return from federal income taxes.My attorney now called me and said for me not to cash my refund check, that I have to send it to the trustee so the creitors that I owe can may a claim on it. My attorney did not put this return on my homestead deed, did she make a mistake causing me to loose my return?


Asked on 3/06/09, 9:21 am

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

Re: homestead deed

It depends. If your homestead exemption was used up for other things, then the refund cannot be exempted.

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Answered on 3/06/09, 9:35 am


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