Lindale, TX Bankruptcy Law Firms & Lawyers

In most jurisdictions you are required to submit your tax returns to the Trustee in your case each year after your case is filed.  The purpose of this is for the Trustee to review your income to see if it has increased significantly enough to warrant an increase in your plan payment. Your question implies that you meant tax REFUND, rather than tax return.  If that's the case, then I would need to know what tax year the refund is for, and when you filed your case in order to answer your question.  If this is for a prepetition tax year, then whether the trustee is entitlted to that refund depends on whether or not you exempted it.   If it is for a post petition tax year (after your case was filed), then the Trustee may be entitled to it depending on the terms of your plan, the percentage being paid to unsecured creditors, and the requirements of the courts in your jurisdiction. You need to consult with a bankruptcy attorney in your area for more details. 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.  

Typically you can retain a vehicle when filing a chapter 7 bankruptcy. You will be obligated to continue making your car payments even after filing the bankruptcy if you want to retain your car. As a word of caution, you do not get the choice of including or excluding something from your bankruptcy. You must divulge all of your assets and debts to the court when filing for bankruptcy protection.

No. They can only pursue their claim in bankruptcy court. While the bankruptcy continues, they are barred by the Automatic Stay from purusing you in State Court. After you receive your discharge, the Discharge Injunction (which replaces the Automatic Stay), will prevent them from purusing you in State Court.