Tax Refund

How long do you have to wait to file a ch.7 after receiving your tax refund without the court wanting it back????

Asked on May 20, 2009 under Bankruptcy Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't work that way.  It is not about the wait but how much asset you have and whether or not the trustee will use your assets to offset debts.

Read the following from the section on bankruptcy:

Who owns my tax refund?

Since your right to receive a tax refund accrues as the tax year passes, it's an asset of your estate. Unless it's covered by an exemption; therefore, your trustee is entitled to it.


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