Q: Can I cover money in the checking account with the Indiana wildcard exemption?
I know each filer has $400 allowed in the account, but can we exempt our tax refund with the wildcard exemption?
A:
If you use the Federal exemptions, and do not use the "wild card" on other property, yes.
And pursuant to Indiana Code Title 34. Civil Law and Procedure § 34-55-10-2(c)(11), your income tax refund should be exempt as well.
I'm in PA, and bankruptcy debtors can choose to use either the federal exemptions or the state exemptions (state of residence). In some other states, the state Legislatures dictate which of the set of exemptions (state or federal) you must use, so you should check with your bankruptcy lawyer about that, when you fill out your Bankruptcy Schedule C listing your exempt property.
Timothy Denison agrees with this answer
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.
