Legal Question in Bankruptcy in Virginia

I'm due a refund from taxes can bankruptcy take it

Asked on 3/10/13, 10:42 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.
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A tax refund that has come due (the tax year is over, even if the return is not yet filed, or even a refund for a partial year that is not over yet), is property of the bankruptcy estate and can be taken and administered by the trustee in a chapter 7 case, unless you can exempt it. The only exemption available in VA (assuming VA exemptions apply) is the so-called "homestead" or wildcard exemption, which may also be necessary to protect other assets. Once you get your refund you may be able to use it for other things (including your lawyer's fee) or otherwise protect it. Discuss these options with an experienced bankruptcy lawyer.

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Answered on 3/11/13, 4:26 am

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