Question: Hey, I’m from New York and I’ve been researching chapter 7 bankruptcy for about a month now due to wanting to file chapter 7 bankruptcy. If I filed a petition in early January 2011 and filed my 2010 tax return mid/late January 2011, can I keep my full tax return if I get the return back before I have a meeting with the Trustee? I really need that tax money this year. So before I utilize your services, may you answer my inquiry.
Answer:
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If you file for Chapter 7 bankruptcy in January 2011 then your 2010 tax refund is considered the property of the estate; as such, it must be listed on your bankruptcy schedules. Depending on the amount, some or all of it may or may not be exempt from the reach of the trustee.
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