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Can i keep Tax checks and bankruptcy?

Updated: 8/16/2019
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16y ago

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I suspect you mean refund checks? Depending on some things, like when the tax was paid and when the BK was filed, the refund is like any other asset and available to creditors. The trustee or court would take it and pay it to creditors according to their standing in the case.

A tax refund is just paying you back what you overpaid. So if you filed BK in Dec and overpaid tax Jan to then...if you had paid the correct amount, that $ would have been available to creditors to pay your debts. If you filed in say Jan, well very little of the overpayment is due to your pre-petition earnings...theat is the assets that could be used to satisfy creditors.

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16y ago
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