That depends on what year the tax refund is for. Presumably it is for 2011, so the pro rata amount you earned up until September 2011 is property of your bankruptcy estate (meaning, the Trustee is entitled to it) unless you have exemptions available to protect that refund.

Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections. Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.

You need to consult with a bankruptcy attorney in your area about whether it is necessary to reopen your case to amend to add that asset and exempt it. It may be sufficient to simply notify your case trustee and if it's a small enough amount, or you would be able to exempt it, he/she may just let it go.

But you should consult with an attorney first.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

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