Deerpark Town, NY Bankruptcy Law Firms & Lawyers

The best selfhelp chapter 7 bankruptcy guide is published by Nolo Press. If you have a very simple bankruptcy, it will help, but the problem is knowing whether or not you have a simple bankruptcy. I have had many clients that I thought had a simple bankruptcy, only to find out during the 2-3 hour appointment to prepare the bankruptcy, that the case was more difficult than first appeared. I have been contacted by at least three dozen debtors in the past 29 years that have used selfhelp guides and low cost bankrupty petition preparers to prepare their bankruptcy for advice on how to correct problems with their bankruptcies. Most of the time the damage is done and I can't help them. In Colorado, I have sued several low cost non-attorney bankruptcy petition preparers for multiple violations of the bankruptcy code and helped get one banned from engaging in the unauthorized practice of law by the Colorado Supreme Court (unfortunately he is still operating under his son's name). For a truly simple chapter 7 bankruptcy I charge $799 in attorney's fees, which is only slightly highter than the fees charged by the non-attorney bankrupty petition preparers.

I can't tell from the information you provided whether or not you are legally entitled to the return of this money or not. If you are entitled to the money, then contract the creditor to demand its return. If the creditor refuses, you will have to file a motion in the bankruptcy court to recover it. In most instances, the right to a refund of garnished wages taken before the bankruptcy was filed belongs to the bankruptcy trustee.

Every case is different, whether or not you have to turn over your tax refund will depend upon how much of your debt your plan will pay, and will depend upon other factors. The terms of your plan will determine your responsibilities. But generally speaking, the Chapter 13 Trustee will want you to turn over your federal tax return and does not usually seek your state or local refunds. You should consider changing the amount of the tax exemptions that you claim and reduce the amount of your refund that you expect to receive.