will your tax refund be safe if you have recently file for bankruptcy?

Answer 1

Nope, you may not see your refund.

Any potential refund can go to your creditors.

Best wishes.

Answer 2

Your refund should have been part of your bankruptcy filing. A refund is just excess payments coming back and are just like cash. I would think your refund is fair game for creditors. Hopefully to disclosed it to the court so that you are not in trouble now. I would make sure that has happened before you spend the money.

Answer 3

The cash from your refund may be siphoned to pay your ceditors. This depends on which type of backruptcy you filed and the current status of your judgement.

If you filed chapter 13, it should be used to pay your debts according to the payoff schedule, which may or may not have included the refund, depending on when you filed. If you already have a judgement on your chapter 13, you should be able to use the cash as you see fit, as long as you meet the obligations of the agreement, including ontime payments according to the schedule.

If you filed chapter 7 (which is harder to qualify for), all of your debts have been expunged (except for any secured debts) and you are free and clear to use the cash.

Check with your bankruptcy lawyer to be sure. He is on your side, so he is not going to go screaming to your creditors to tell them that you have more money with which to pay them.

Here is an explanation in legalize:
http://library.findlaw.com/2000/Jun/1/126084.html

And here is one in layman's terms:
http://www.consumerdebtsolutions.net/bankruptcytypes.htm

Answer 4

The bankruptcy trustee can take your refund to pay off your creditors.