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Can I claim my 2011 Federal and State Tax return as exempt in AZ on a Chapter 7

Parker, AZ |
Filed under: Chapter 7 bankruptcy

I filled out and filed my schedules myself and I was told I should of claimed my returns as exempt. I have already had my 341 hearing, Can I amend my schedule C if I can and will I have to amend other schedules as well?

Attorney Answers 4


You did not do anything wrong. Sadly, there is not a clear exemption for your tax refunds in Arizona. You will nearly always loose at least a portion of it, depending upon when you filed your bankruptcy case and whether or not you had received and spent your refunds.

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Thanks. I'm hoping I'll get a portio of it. I only made 9K last year as a result of losing my job. I have 2 kids and the EIC and the Child Tax Credit is the only reason I'm getting anything back at all.


You can only exempt the refund if your state exemption program provides this. I am posting a link to a description of the exemptions available in all 50 state for you to review.

Hope this perspective helps!

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Unfortunately, AZ does not allow the use of the federal bankruptcy exemptions. Therefore, you will not be able to keep your refunds unless you can find a AZ state exemption that allows you to keep them.

We can be reached at 507.334.0155. Our web address is: www. This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.

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I would like to just add that if the tax return is less than a $1000, most trustees will let you keep it. Anything less than that just isn't worth their time going after. In fact I recently had a client who was to receive an almost $1300 tax refund that the trustee let them keep.

So if your refund is less than $1000, you should be able to keep it.

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