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Yes, they will take some of it.

Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.

Probably all of it. It was all from earnings and overpaid before you filed - pre-petition. Had you had the correct amount withheld, the excess would have been availale to pay the debt.

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Q: If you file January 22008 will the trustee take your 2007 tax refund?
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