The Law Office of David S. Adams
olathelaw.com



303 E. Poplar St.
Olathe, KS 66061
Toll-free phone:
(866) 568-2803
Phone: (913) 440-0863
Fax: (913) 782-1383

Beware of Losing Your Tax Refund in Bankruptcy

Keep these facts in mind:

  1. When you file a ch 7 bankruptcy you stand to lose your upcoming year's tax refund. (example: if you file on Nov 1 of the year you will lose approx. 10/12ths of the coming years refund; if you file Dec 1 you will lose 11/12ths of the refund).
  2. To avoid this outcome you may want to file your case in Feb or March of the coming year after you have received your refund (and spent it).
  3. If you cannot wait to file, you can at least assign part of the refund for the attorney's fee, thus making some use of it and avoiding having to come up with the fee before filing.
  4. Refunds in future years will not be attached.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2010 by The Law Office of David S. Adams. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.