Expert: Terry Leeders - 2/1/2009

Question
My wife and I just will be getting back 3,100 back in taxes this year.  We filed Bankruptcy back in November 2008.  We have yet to have our first Court date (February), we are making weekly payments to our trustee, but we are worried that we can't keep our tax refund.   We have 1 son (8 months old), and could really use that extra cash.   Will the courts take all of that???  

Thanks for any insight.

Answer
Justin, ask your lawyer.  It depends on which state and jurisdiction you are filing in.  Also, your plan may describe your tax refund responsibility since it sounds like you are in a chapter 13 bankruptcy case.  Your trustee will also let you know what you need to do with the refund when you meet with them in February.