Will my tax refund be intercepted by my bankruptcy trustee?

UPDATED: Feb 15, 2015

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Will my tax refund be intercepted by my bankruptcy trustee?

She said that I get to keep the first $1,500. After approval, i they are not intercepted, do I have to wait to spend my portion?

Asked on February 15, 2015 under Bankruptcy Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am making an assumption here that you filed for Chapter 13 and not Chapter 7, correct?  Because in a chapter 7 the entire refund is a bankruptcy asset (i.e., you don't get it). In a chapter 13, your refund is considered as additional monthly disposable income. Are you in the Northern District of Georgia? In this District you can keep a tax refund of $1,500 or less without even filing a motion. If you wish to retain more than $1,500, you will have to file a motion to retain your tax refund but you will have to explain why you need more. So yes, it is yours to keep and spend. 

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