If you file chapter 13 will it take your income tax?

It depends. This varies widely from district to district and even division to division inside of a district. For example, in the Southern District of Indiana, in the Indianapolis and Evansville Divisions they usually do not make you pay your refund check to the Chapter 13 trustee unless the refund check is huge; in the Terre Haute Division, they ask that you pay it if the non-earned income credit portion exceeds $750.00, and in the New Albany Division they always make you pay half regardless of how much it is. Certainly the Chapter 13 trustee can usually convince the court to make you give them tax refunds during the life of the Chapter 13 Plan if they wish, but many trustees do not. The only way to know is to call the Chapter 13 trustee who serves your district and division and ask them their policy regarding tax refund checks. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!