Orchard, TX Bankruptcy Law Firms & Lawyers

You can file bankruptcy prior to the hearing by hiring a bankruptcy lawyer. But you have no money to do that. The best thing to do is to file a response denying the debt, or the amount. People are not jailed for failing to pay consumer debts, they may be jailed for refusing to follow court orders.

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.  

The rules about reaffirming a HOUSE are totally different from the reaffirmation rules relating to a CAR. So don't read on the internet a comment saying they could take the car, and then think that means they could take your house. Instead, take a look at the section of the bankruptcy code that governs reaffirmation. You'll see in there that reaffirmation agreements are for PERSONAL property (like cars, furniture or jewelry). Your house is not personal property, it's REAL property. Completely different animal.