Beware of Losing Your Tax Refund in Bankruptcy
Keep these facts in mind:
- 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).
- 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).
- 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.
- Refunds in future years will not be attached.