Q: If I am planning to file a Ch 13 Bankruptcy, but have not yet, can I keep my tax return if I receive it BEFORE filling?
I plan on filing in the next couple weeks, but hoping I can use my return for this virus & not having good enough income, can I if I have not actually filed yet? It was an error in the questioned, it was supposed to say "filing", NOT "filling". Sorry.
A: Don't file a chapter 13 unless you have a very experienced chapter 13 attorney (with more than 10 years of chapter 13 work). The failure rate with a good attorney is 40-50%. The failure rate with a bad attorney (one who does not care about their clients) is 95%. The failure rate for those who file their own chapter 13 is more than 98%. The timing on filing is important, along with a hundred other things. It is imperative that you list 100% of ALL your creditors (one chapter 13 attorney is blowing this off and his clients are going to be sued by the unlisted creditors).
How you use your tax refund and other funds is tricky. Never pay back friends or relatives. Lots and lots of other rules regarding this and other questions you might not even know are important to ask.
My point here - do your homework first before jumping into a bankruptcy, especially a chapter 13. Most good bankruptcy attorneys, like my office, offer a free consultation. Take advantage of that and save yourself time and lost sleep.
I hope this is helpful.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.