Catarina, TX Bankruptcy Law Firms & Lawyers

In most jurisdictions you are required to submit your tax returns to the Trustee in your case each year after your case is filed.  The purpose of this is for the Trustee to review your income to see if it has increased significantly enough to warrant an increase in your plan payment. Your question implies that you meant tax REFUND, rather than tax return.  If that's the case, then I would need to know what tax year the refund is for, and when you filed your case in order to answer your question.  If this is for a prepetition tax year, then whether the trustee is entitlted to that refund depends on whether or not you exempted it.   If it is for a post petition tax year (after your case was filed), then the Trustee may be entitled to it depending on the terms of your plan, the percentage being paid to unsecured creditors, and the requirements of the courts in your jurisdiction. You need to consult with a bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  

The answer depends. Do you have equity in the trailer? Often, when items are brought on credit there is very little equity, if any, at the beginning of the loan. If so, can it fit into one of the California exemptions: vehicle, wildcard, tools of trade? The last one may be applicable if the item is used as a tool in business. You say you are using the trailer to transport items for others and earning money for doing so.

You can file Chapter 13 which will require you to make payments to your creditors for 3 - 5 years under a plan you propose and the court approves, but you won't qualify to file another Chapter 7 until 8 years after your previous case was filed (assumiing that it went well and you received a discharge).