Chapter 7 and Earned Income Tax Credit

Is the EITC exempt in Florida? Can I file my chapter 7 before recieving it? I have already filed my 2008 taxes and am expecting back a refund from the EITC.

Tallahassee, FL -

Attorney Answers (1)

Robert Joseph Warren

Robert Joseph Warren

Bankruptcy Attorney - Gainesville, FL

Yes, Earned Income Tax Credit is exempt in Florida, and you can file your case before receiving it. The tax withholding portion of your refund may or may not be exempt. This will depend on the circumstances of your case and the remaining exemptions available to you.
Your question reveals a lack of knowledge of the laws and procedures involved in bankruptcy. Filing a case without expert representation can be a very risky proposition. I would recommend that you retain an experienced and qualified bankruptcy attorney to represent you in your case.

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