Should I cash my tax refund check before first meeting with Trustee?

UPDATED: Aug 9, 2012

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Should I cash my tax refund check before first meeting with Trustee?

I have filed for Chapter 13. My first meeting with the trustee is this coming Monday. I have (2) lawsuits against me from (2) creditors. I just received today, my tax refund. I know that the trustee is most probably going to take it. I am extremely broke, and really need this money to pay back rent, food, utilities and other living expenses. If I cash the check before my meeting and use the money for necessities, will the trustee by agitated with me and still want the money anyway?

Asked on August 9, 2012 under Bankruptcy Law, Nevada


Terence Fenelon / Law Offices of Terence Fenelon

Answered 10 years ago | Contributor

Cash the check.  Now I have a few questions for your consideration.

Did you list the refund as an asset in your bankruptcy petition?  If not, you will have to amend.  If so, was it claimed as exempt?

If you don't have funds to pay for your necessities, what chance does a chapter 13 have in succeeding. Very little.  Have you made your plan payments?  So many questions, so little time.

Good luck at the 341 meeting

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