Keeping Income Tax Refund under Chapter 13

As a long as the bankruptcy court has accepted your chapter 13 bankruptcy repayment plan, you should be able to keep your tax refund. If you have not filed your chapter 13 bankruptcy yet, then the bankruptcy court will consider your tax refund in money that you have, and may apply it to the repayment plan if they decide to. This question really relies on the fact of if your chapter 13 bankruptcy is already filed and if the court has accepted your repayment plan.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147