Re: Re: Re: Re: OK, going chapter 7 now... It is common for the court to allow certain assets to be exempt, especially if they are deemed necessary for the debtor's employment (such as a vehicle for transportation). If he doesn't include the car in the bankruptcy (I'm assuming the car is financed) then most likely he would be able to keep it, but have to continue making payments on it. I don't know if that would be a possibility or not. Ultimately it will be up to him which type of BK to file, if that is really necessary.
Re: Re: Re: Re: OK, going chapter 7 now... Actually, I think you'd be able to keep next years refund {assuming a Chapter 7}. This years possibly as well. The trustee has a lot of discretion in these matters. In my district, trustees don't snaggle the refund if it's under $2K. If you've already got the refund and spent it on basic living expenses then that ought not to be an issue either.
Re: Re: Re: Re: Re: OK, going chapter 7 now... You are correct when you say a car can be kept if it is necessary for your employment. However, needing a car to go back and forth is not considered "necessary." Necessary means the car is a tool of the trade. You are a plumber, electrian, etc. JUst needing something to go back and forth to work is not considered necessary. Thats bankruptcy for ya.
Re: Re: Re: Re: Re: OK, going chapter 7 now... The trustee will take tax refunds if thats all you have. At least here they will. Next years tax refund is fair game because its for a tax refund for this year's taxes. This years tax refund is fair game because its income for this year. Go figure! Also, do not forget about the 90 day rule. In a Ch. 7 or 11, the trustee can take back some payments made 90 days prior to your bnk. filing. Whether you chose 7 or 13, going pro se is bad news.
