Q: i filed chapter 13 in FL. didn't know i have to give back my tax return. can i get a medical exception?
i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.
A: You can motion the court for a medical exemption if you need the refund to use for medical bills. The Middle District Court has a clinic for pro se filing. Make an appointment with the clinic to get guidance in submitting such a motion.
There's no medical exception. The exemptions are statutory and you might be able to exempt your return, or perhaps part of it. The federal exemptions provide $13,950 as a wildcard exemption, you can use it for anything. But it depends what other assets you might have that you need to exempt. You can choose either state or federal exemptions, and which you choose will depend on what assets you might have.
If the tax refund is not exempt, it is property of the bankruptcy estate and does not belong to you. If the refund is substantial, make sure you consult with a bankruptcy attorney in your area to determine if an exemption applies.
Timothy Denison agrees with this answer
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