Is there any way to convince the bankruptcy trustee to let me keep my tax refund?

No, not in a chapter 7, and maybe in a chapter 13.

In a chapter 7, the bankruptcy trustee will not let you keep your tax refund.  You can give him the best reason ever, and he will still take it.  Don’t even try to convince him otherwise.  It simply increases your frustration and delays the inevitable.

In a chapter 13, your confirmed chapter 13 plan requires that you turn over most of your tax refund monies.  Sometimes, if you have a really good reason, you can file a motion to modify confirmed chapter 13 plan to allow retention of tax refunds to (rebuild a transmission, fix the roof, get braces, etc.).  However, the motion is difficult for your attorney, and it needs a really good reason to work.

This is one you’ll have to discuss with your attorney in detail to get it right.

This is not legal advice.  If you need help, go to www.robertspaynelaw.com.

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