Peoria, AZ asked in Bankruptcy for Arizona

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.

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2 Lawyer Answers
Diane L. Drain
Diane L. Drain
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

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.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Contact an experienced bankruptcy attorney to help you make the right decisions.

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