“I filed bankruptcy in Sept.2006. I just heard from the trustee that I have to sign over my tax return ( if any) over to him, and that this would not be put towards the balance of my debt. I do not understand how he can take my refund legally? I live in Missouri.”

The trustee in bankruptcy takes control of all of the Debtor’s assets and can dispose of them as he sees fit. You could always withdraw your Petition. Part of the Petition referred to any money owed to you at the time of filing. This would include money owed to you from governmental agencies.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.