The trustee has an interest in all property you owned or had a right to at the time of filing.  Although tax refunds are given to you when you file taxes, you have earned a pro rata share depending on the time of year.  If you file bankruptcy six months out, the trustee would be interested in 6/12th of your return (50%).  This being said, there are exemptions you may be able to use to protect these funds.  If you didn't use all of your wildcard exemptions already, your attorney may be able to amend your Schedule C (Exemptions) and protect the refund.  If you don't have an exemptions left you can usually negotiate a deal with the trustee to pay back the funds over a 12 month period.