Should file my taxes after my 341 Meeting?

3,334 families filed bankruptcy using Upsolve.

Written by Jonathan Petts, Esq.  
Updated May 16, 2019

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It doesn't matter if you file before or after your 341 Meeting. The trustee is able to seize any non-exempt money that you were entitled to receive before you filed, and you were entitled to receive this refund (or at least a portion of it) based on what you paid in taxes for the whole year prior to filing. If you wait to file until after the 341 Meeting the trustee is less likely to seize the return, but they still can. Also, make sure that you reported this expected tax return on your bankruptcy forms -- failing to do so could be prosecuted as fraud and may keep your bankruptcy from being approved. 

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.

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