This depends on the circumstances. In the event of a Chapter 7, we can simply exempt your actual refund or anticipated refund.In the case of a Chapter 13, this depends upon your plan length and the percentage that is being paid to unsecured creditors. Typically if your plan is over 36 months with less than a 100% dividend being paid to unsecured creditors, you are required to remit your refund. There are exceptions, such as if the refund is included as part of the monthly budget necessary to fund your plan. Furthermore, if one-time, unusual costs, such as home repairs, are necessary, your attorney can petition the court to allow you to keep your refunds to pay for such expenses. If you are married and your spouse has not filed bankruptcy with you, he or she is entitled to keep one-half of the refund if you filed your tax returns jointly.