If filing for bankruptcy, should I file before, or after, filing/receive my tax refund?

Question by RCgirl: If filing for bankruptcy, should I file before, or after, filing/receive my tax refund?
I’m considering filing Chapter 7 bankruptcy, but whether or not I’m allowed to keep my tax refund will determine which chapter I file. If I receive enough tax refund, and am allowed to keep it, I wouldn’t need to worry about losing my car in the bankruptcy – I could use my tax refund to buy an older model used car. BUT, if I did buy an older car with my refund, would I then be required to list it as an asset (that I could potentially be forced to sell in order to pay things off)?

If I won’t get to keep my tax refund, then I may file Ch. 13 instead…keeping the car I’m currently making payments on. No matter what, I have to do whichever allows me to have a car – I have to have a way to get back & forth to work.

I know many of you are going to say “call an attorney”. I’ve tried to contact my attorney, but she’s never in her office & hasn’t returned my calls. If you’ve been through it, can you give me any advice?

Best answer:

Answer by Charles G
The bankruptcy judge can require you to hand over your tax refund to your creditor, if that helps in making your decision.

The judge will also decide if you keep your car. If it is important for your employment, he may. You list your “older car” as an asset, along with everything else you own.

You should really try to get legal advice on this.

Know better? Leave your own answer in the comments!

Bankruptcy! Are you kidding me! Man, this woman! Question for you guys..?

Question by Tony: Bankruptcy! Are you kidding me! Man, this woman! Question for you guys..?
I just got divorced and I have two questions for people with bankruptcy experience. Our divorce was by agreement (through lawyers) so we never got to see the judge. The debt declared by both of us was split in half. Basically, I pay these collection companies and you pay these collection companies type of deal. Now I’m ready to file for bankruptcy and have the following questions:

1. My ex-wife didn’t declare all her debts in the divorce papers. I recently found that out on my own. She is a very dishonest person and had a secret life during our marriage. I guess she didn’t disclose everything on the papers as she was afraid she could lose custody of our child when all the nasty details of the affair, hotel payments, etc. came afloat. Without getting into “you can sue her” for lying on the papers or “contact an attorney”, how can I find out all her debt so I can get it discharged? She won’t tell me about it. I have my 3 year old daughter’s social security (for medical debt inquiries, etc.) and I know my ex’s too (using hers for debt inquiries could be illegal I think). My initial thought was to start calling collection companies around, Sears, Check into cash, Banks, Walmart (she did some nasty s. once and Walmart was sending “you owe me money” letters, etc. ) with her social security but that’s illegal I think. How can I find out all her debt? I don’t want any surprises after I file for bankruptcy. I appreciate it if you don’t give me “Ask a bankruptcy lawyer” type of answers. I just need some answers now from people that might have gone thru this or have experience dealing with bankruptcy matters.

2. We were separated for almost 2 years before the divorce. I kicked her out of the house so it wasn’t legal separation. In the creditor’s eyes, is the NEW debt she incurred after our separation but before our divorce considered my debt too?

3. In the eyes of the creditors, is the debt she incurred during our marriage, SOLELY IN HER NAME (her credit card, some loans she received, etc.), considered my debt too? Obviously she had a secret life and I didn’t sign most of her agreements. I didn’t have any clue about her dealings.

4. As I said before, the declared debt was split in half on the divorce papers. I’m filling for bankruptcy now to discharge my part of the debt. Could my ex-wife have any legal grounds to go after me for not paying my part of the debt as there is no doubt the creditors will go after her? By filling for bankruptcy, to most rational people it would mean taking care of my debt. I could be wrong.

5. Divorce question. Am I divorced? :-) It’s been 6 months already and I haven’t heard from the courts? Is our lawyers sending the divorce agreement papers to the courts considered being “DIVORCED” or do I have to wait for some certification of divorce from the judge? I was supposed to go for a final “optional” appointment with the lawyer to get answers to my questions but I just dropped the whole thing (too much $ $ $ $ $ $ $ $ $ $ $ $ $ )!!!!!

The more answers the better. Thanks guys!
Sorry, the state is Oregon. Please no “Call attorney” answers. Just answer if you know the answers to my questions. Thanks.

Best answer:

Answer by lovepreschool
All your typing is really in vain since you don’t even list your state of residency. I can tell you that until you receive the final papers, you are NOT divorced. You have way too many questions here to be trusting tired (and some drunk) second-hand opinions. Please call an attorney to make sure where you stand. If not, you could be setting yourself up for some unpleasant surprises.

Give your answer to this question below!

question on bankruptcy?

Question by Ray W: question on bankruptcy?
filed bankruptcy in Nov & had my hearing Dec 30th. After the hearing, my “attorney” informed what was going to happen with my tax refund. A few weeks later I called with questions & she was rude & acted like she didn’t want to give me straight answers. She also gave me bad advice on a letter that was sent regarding something in my bankruptcy. Going thru papers I had a couple of weeks ago, I came across a paper that was given to me at my hearing about my tax refund & it stated if I had any questions to talk to my “attorney” or email the trustee. I emailed the trustee with a question my “attorney” wouldn’t give a straight answer to & got my answer. The “attorney” found out about my emailing the trustee & told me I could ask her & I told her she wouldn’t answer me & she pulled her act again & I called her on it. She then said if I email the trustee again it could jeopardize my bankruptcy.?!?! She also stated that even if my bankruptcy becomes final the trustee could still hold my case open for creditors to file claims ?!?! She also awhile back sent me somewhat of a threatening letter. She’s rude, unprofessional & threatening. So, how much of what she said is fact, fiction, or just plain threats?

Best answer:

Answer by golferwhoworks
just talk. See once you have a meeting of the creditors and payment is started then the only thing that messes this up is you not paying the plan out

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