Post petition earning are not generally part of the bankruptcy estate that a Chapter 7 trustee can get unless the right had vested (e.g., a bonus or profit sharing award). Tax refunds have only two exemptions that are applicable (1) the general intangible exemption which total $350.00 for all intangibles and (2) the earned income credit exemption which is unlimited to the extent of the earned income credit for both state and federal tax refunds. Hard personal property and non residential real estate exemption is around $9250.00.
I can only assume that you had to file quickly. Filing a bankruptcy is voluntary but dismissing one can only be done without the objection of the Trustee. I hope your bankruptcy petition preparer advised you of all documents that you will need to provide to the Chapter 7 Trustee by February 22, 2014.
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Yikes!! Your "bankruptcy preparer" is practicing law and violating the Bankruptcy Code. The sad part is that you have no malpractice claim against him/her because s/he isn't licensed to practice. Did the "bankruptcy preparer" disclose the financial arrangement as required? You should report your situation to the US Trustee and hope your own trustee will be in a favorable mood. Chances are your schedules need to be amended to properly claim the exemptions. A consultation with coaching from an experienced bankruptcy practitioner could be helpful and quite cost-effective unless your local court does not permit "unbundled" services and licensed counsel could not safely file their own disclosure.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
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Ms. Sinclair is right. A bankruptcy petition preparer is not allowed to give you legal advice. You say there is no money to hire an attorney, but you may have assets that can be taken by the trustee if not properly exempted, and that can turn out to be a lot more expensive. If things aren't done correctly it is normally a lot more expensive to have an attorney step in and clean things up.
While you may get some good information from an Indiana attorney on this forum, there is no substitute for having your own attorney sit down with you and go through your paperwork with you. So do yourself a favor and find a reputable bankruptcy attorney near where you live and make an appointment. Most give a free initial consultation.
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.Ask a similar question