As soon as your bankruptcy is filed your assets now become part of the bankruptcy estate. The trustee assigned to your bankruptcy is in essence the representative for your creditors. It’s his job to determine what your assets are, and your tax return in many cases becomes part of this. It becomes more of an issue when the tax refund is substantial, because normally in Chapter 7 bankruptcies there usually isn’t enough by way of assets or cash to accommodate paying any of the creditors.
An experienced Bryan bankruptcy attorney will be able to advise you on potential ways that your tax return will not end up in the trustee’s hands. Your tax return is just one reason why you should seek out legal advice before filing your bankruptcy. What you do leading up to your bankruptcy filing can be taken into account, and you want to be sure that your actions are going to work in your favor.