Can a Trustee Legally take my Tax Return to Pay the Balance of my Debt?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

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