You cannot pay for a year's worth of rent with your tax refund, if you plan on filing chapter 7 bankruptcy. Any future payments of rent or a security deposit paid to landlord, will be attached to the bankruptcy estate by faith bankruptcy trustee. If you do not want to get in trouble with the bankruptcy trustee for fraud, make sure you use your tax refund for legitimate purchases, such as; home repairs, medical bills, car repairs, groceries, a car, etc. Do not forget chapter 7 bankruptcy you will be liquidating your estate, if you purchase a car and it does not fall within one of the exemptions allowed to you by your state, the car may be taken by the bankruptcy trustee. Your best bet is to hire a bankruptcy attorney and have the attorney inform you what you could spend the money on legitimately.

I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.

Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.

Joseph F. Botelho, Esq.

BOTELHO & ASSOCIATES, LLC
Attorneys At Law

www.massachusettslawyeronline.com

126 Shove Street
Unit 202
Fall River, MA 02724

Office: 888-269-0688
Cell: 508-801-6747
FAX: 877-475-8147

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