With Tax season upon us, the question on the minds of potential bankruptcy filers is, “How do we keep our tax refund after filing?” Some people opt to spend their tax refund outright. The problem with this strategy is that when a person or couple files for chapter 7 or chapter 13, their possessions are absorbed into the trust estate to pay for their debts. Frankly, it doesn’t make sense to make a purchase today only to have it taken away tomorrow. A word of caution: If you spend your tax refund on luxury items or vacations, pay off a credit card or other unsecured debt, or use it to repay a friend or family member, you may trigger an objection from the trustee, and be required to surrender your tax refund, even if you have already spent the money.
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