Once you file for bankruptcy protection from your creditors any excess income over that listed in your initial budget filed with the court MUST be paid to the Chapter 13 Trustee so that he or she may pay your unsecured creditors off. The trustee is not keeping your money for themselves but simply paying off your debt.
Although a motion to retain a tax refund can be filed by our office if you have an emergency need for the funds THAT CAN BE DOCUMENTED. This must be an unexpected emergency and not for everyday expenses and needs.
