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What occurs to my 2021 tax refund if I file chapter in 2022?


You lose it, except you spend it first. However you received’t lose these pandemic reduction tax monies (see beneath).

Some states will provide you with an exemption to guard your tax refund monies. Utah will not be one among them. In reality, in most states, it’s a must to use it or lose it. In the event you’re not sure, name a bk lawyer in your state and discover out.

I’ve written a number of articles on this, and the hyperlinks are beneath.

While you file chapter, it’s the bk trustee’s job to find property that you’ve got. Particularly, he desires to seek out property that may be offered off and used to pay your collectors. Usually, the trustee will take a look at fairness in your house, cash in your checking account, the worth of you automotive, and any tax refund monies that you’ve got NOT obtained but.

Because of this it’s a must to obtain and spend your tax refund earlier than you file chapter, or there’s a good likelihood that the bk trustee will intercept it and use it to pay your collectors.

Right here, I’ll attempt to offer you a fast and soiled listing of the do’s and don’ts of spending your tax refund monies.

Don’t:

  1. repay Mother and Dad earlier than you file bk
  2. purchase a brand new toy, like a dirtbike
  3. disguise the cash and declare that you simply spent it
  4. purchase jewellery
  5. prepay lease

Do:

  1. purchase meals storage and clothes
  2. purchase boring family home equipment like washer/dryer/fridge/freezer/range/stitching machine
  3. purchase weapons (actually) (I can shield as much as 3 of any worth)
  4. pay for automobile repairs and tires
  5. pay your lawyer to your chapter

Pandemic stimulus tax funds and tax credit.

In the event you haven’t obtained these but, don’t fear. These are exempt from collectors, together with the chapter trustee.

Listed below are the outdated weblog articles:

Spend it earlier than you go bankrupt!

Utah has NO exemptions to guard your tax refund while you file chapter. Because of this when you go bankrupt earlier than you obtain and spend your tax refund, you’ll lose it. The chapter 7 trustee will take your refund and use it to pay your collectors. Then again, when you wait just a bit bit to file and obtain your refund, you’ll be able to spend all of it earlier than submitting chapter.

Simply bear in mind to spend it on exempt gadgets.

You may undoubtedly use it to pay your chapter lawyer to organize your case.

Don’t repay buddies or household!  Name me when you have any questions on tips on how to spend it.  You may even textual content me on a Saturday at midday as you’re standing in an RC Willey making an attempt to resolve if you should buy the brand new $800 bunk mattress set for the twins (sure, you’ll be able to). You may textual content me at 801-787-8860.

The listing is beneath, however you’re at all times secure with meals storage, clothes, washer, dryer, fridge, freezer, range.

Here’s a rehash of my put up on this similar situation final yr (and the yr earlier than):

What occurs to my 2018 tax refund if I file chapter in 2019?

What occurs to my 2017 tax refund if I file chapter in 2018?

What occurs to my 2016 tax refund after I file chapter?

It’s that point of yr once more the place I’ve to reply the telephone and inform people who I don’t need their cash till February or later due to tax refund season.  It makes a lean December/January in our family, nevertheless it’s the one technique to shield my shoppers.

(I’m chopping and pasting from earlier posts, so please forgive the repeat data).

So let’s say you get your refund February 1, 2016.   What do you do?

Higher mentioned, what don’t you do:

1.  Don’t go purchase a brand new toy like a mud bike or a television.

2.  Don’t repay any buddies or household.  This can be a preferential switch, to an insider no much less, and it ends in Mother and Dad being sued by the trustee.

So what do you do:

1.  Spend it on exempt gadgets below Utah Regulation.  This principally means meals, clothes, washer, dryer, fridge, freezer, range.

(Did you see a pc on the listing?  No.   Don’t ask me if that’s okay.  It’s not).

:)

2.  And use the remainder to pay me.  

So let’s say you spend the tax refund on meals storage March 1st and maintain your whole receipts.  When are you able to file?  March 2nd.

Here’s a related portion of the

Utah Exemptions Act, Utah Code Title 78B Chapter 5, Part 505https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S505.html

A person is entitlted to an exemption in …

(viii) (A) one:

(I) garments washer and dryer;

(II) fridge;

(III) freezer;

(IV) range;

(V) microwave oven; and

(VI) stitching machine;

(B) all carpets in use;

(C) provisions enough for 12 months truly offered for particular person or household use;

(D) all sporting attire of each particular person and dependent, not together with jewellery or furs; and

(E) all beds and bedding for each particular person or dependent;

There are different gadgets you’ll be able to spend the cash on, and that is not at all complete, however this could offer you a good suggestion on tips on how to spend it.  If in case you have questions on what to make use of it for, ask your lawyer;  that’s what he’s there for.

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