Expert: Terry Leeders - 4/4/2007

Question
I do not have an attorney, I had a petition preparer file my bankruptcy.  The trustee is trying to keep my tax refund and I am a single mother barely getting by, I took my daughter's father to court a year ago and still have not received any support.  Is there any special exemptions that would apply to my situation that would allow me to keep my refund other than the standard Indiana Exemptions?

Answer
The trustee has the right to any non-exempt assets such as a tax return.  The trustee will pay a dividend to your creditors.  You should seek out an Indiana attorney to advise you if any of your assets can be exempt.  Unfortunately, that is where these bankruptcy prep services lack....legal advice on how best to use exemptions to protect certain assets.