Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”
Question: 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.
