1. I filed for bankruptcy almosst 3 years ago. 2. I did not go to court until 2 years ago. 3. Right before I went to court, my mother got sick and i had to go out of state to help out. The only money I had was my tax refund. I bought a cheap car with it and paid for plates and gas to get to my mother with it. 4. When I went to court the judge ordered me to pay that money back.
There really isn't enough information to answer your questions. Which bankruptcy chapter did you file? Why did it take a year before your first meeting? (I assume that you are referring to the meeting with the Trustee in your case if this was a Chapter 7 case, since it is very unsual to have the Judge get involved, but it is not clear from you facts).
In any event, assuming you filed a Chapter 7 case, if the tax refund you refer to was owed to you for a tax year prior to when you filed your bankruptcy case, then that belongs to the Trustee in your case unless you exempted it.
Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections. Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.
You obviously do not have an attorney representing you. You are now seeing one of the thousands of reasons why that was a bad idea. I suggest having a consultation with an experienced bankruptcy attorney in your area who can get all the relevant facts from you and advise you on your options.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.
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