Should I cash my tax refund check before first meeting with Trustee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
Terence Fenelon / Law Offices of Terence Fenelon
Answered 11 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
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.