Sep 29, 2017
September tax refund season

Believe it or not, September starts tax refund season for people contemplating filing for bankruptcy.  The reason is that tax refunds can become assets of a bankruptcy, even though they won't be received until next year.  Ohio debtors do not need to worry about losing tax refunds if the refunds consist entirely of the Earned Income Tax Credit or the additional Child Tax Credit.  But if the refunds consist entirely of excess withholding and are significant enough such that a proration based on the date of filing the bankruptcy yields a high enough figure, a portion of tax refunds could be at risk for those filing bankruptcy in Ohio during the latter four months of the year.  Kentucky debtors enjoy a generous "wildcard" exemption and normally do not need to be overly concerned about tax refunds.  However, it should be part of every case's analysis when filing chapter 7 this time of year.