If I file bankruptcy now will they take my tax refund?

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If I file bankruptcy now will they take my tax refund?

I have too many medical bills, so I am going to have to file bankruptcy. I am currently unemployed and have no assests. Will they take my tax check from me, since I can’t pay them anything?

Asked on December 14, 2011 under Bankruptcy Law, Indiana


Greg Wiley / Law Office of Greg Wiley PLLC

Answered 11 years ago | Contributor

In our state, usually it is not taken.  Yet, this depends on the size of the refund and the property exemptions in your state.  You will need to discuss this with a bankruptcy attorney.

In the event the refund will be taken by the trustee, you might consider waiting until you receive the refund and spend it down. 


Talk with an attorney and he/she should be able to give you some guidance.


Best of L uck

Greg Wiley


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