What would you like to do?
I think it depends on when your debts are discharged. If they were already discharged, it was a Chapter 7 bankruptcy, and it wasn't discussed at the creditors meeting, then the refund is yours. Besides, imagine if you filed on April 15th. You might not get your refund until later June or almost July, and that's months from when your debts were discharged. I'm pretty sure it's yours.
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It depends on the individual. Your lawyer should be able to answer this question the best because they know the situation. I had this same question. My lawyer told me that… no they will not take tax refunds. However, if you owe student loans to the government they could take your refund. I had no problems receiving my tax refunds after filing bankruptcy. Answer I believe if you get any type of money over $2000 the court will make you pay it on your debts, if you receive it within 6 months after the discharge. When I went to court, they told me if my taxes totaled more than $2000, we would have to pay it to the court. We only got $1200, so we got to keep it. Answer The answer to that question varies from jurisdiction to jurisdiction, and also depends somewhat on which Chapter of bankruptcy you are filing. In Southern Indiana, trustees have recently started taking tax refund checks of $1,000.00 or more in Chapter 7 cases. In Chapter 13 cases, some trustees take half regardless of the amount, and others take half if it is a sizable amount, and none if it is $1,000.00 or less. Also, each State has their own exemptions (which say how much property you can keep), so if you are in a State that lets you protect a lot of cash, then the threshold at which trustees seize tax refund checks may be higher. A good rule of thumb is to assume you're going to lose it. If you lose a $2,000.00 refund check but you discharge $20,000.00 in bills, you're still $18,000.00 better off, so forget the refund and move on with your life. And, if you luck out and get to keep it then you're pleasantly surprised, as opposed to expecting to keep it then being let down when the trustee takes it. Answer Yep-in Arizona-they took a $600 State refund, and a $1300 Federal refund. Oh well, as long as I am in the clear, what difference does it make? Answer I'm confused by all the above. Bankruptcy is done under FEDERAL laws and in a FED Court. I should think that your State of filing, or residency, would have little if anything to do with the rules they follow -- except to say that the rules concerning property and such (like Arizona is a community property state), may have influence. When filing you must claim and attest to all of your assets and liabilities to the court. Obviously, penalties for not doing so correctly can and should be fierce. Forgetting an asset - and then keeping it - that just seems to be fraudulent and possibly criminal. An anticipated refund (tax or otherwise) would be an asset you must declare. I should think that like any other "free" asset, it may be used to satisfy creditors. It certainly should be...if I was a creditor and you asked the court to eliminate a debt you owed me....and it did - but at the same time allowed you to continue to look in the mail every day until Bank US sent you some cash you had stashed with them....that would be grossly unfair! You can imagine why: I can manipulate easily the amount of refund I expect, in anticipation of bankruptcy or even during, many ways: Decrease the number of withholding exemptions I request from my payroll (so more money is withheld), even make an estimated payment (or have additional amounts withheld from payroll) - which self employed or someone with non-employee income (like investment income, etc.) is required to do. More Input Bankruptcy can either be a state or federal filing depending on whether or not the state has opted out of the federal bankruptcy procedure and the amount of debt. Tax refunds are levied depending upon the time difference between the bankruptcy filing and the receiving of the refund. In many cases the amount a federal refund is subject to levy will be pro-rated monthly. Please see the link for "Bankruptcy Action" to find out if your state requires federal or state bankruptcy filing or a choice between the two. More on the more I'm fairly certain Bankruptcy is ALWAYS handled under Federal Law, at a Federal court. There is an entire level of Federal courts that only does bankruptcy and interestingly, it has major power and can trump and take control of matters even in other courts - like litigation. Like most all matters determined to be the purvue of the Feds, a State cannot opt out - or by essence over take a Federal right/obligation. (And when you consider operating Courts is expensive, they have little motivation to). The federal nature is needed, if for no other reason than to avoid (perceived or otherwise) preferential treatment of a state resident creditor/debtor to those who may also have something at stake in the filing but aren't a taxpayer or resident there. It would be making them subject to the dictates of a jurisdiction that they aren't supposed to be subject to - a Constitutional issue. However, maybe the confusion is that as in all Federal courts, there are many different DISTRICTS of the US Bankruptcy Courts, generally with District names of the primary area they cover. EX: US Bankruptcy Court of the Alabama District; US Bankruptcy Court Eastern District of New York, etc., etc. As in all Federal District Courts, some procedures, limits, and many precedents (generally decisions) are individual to that Circuit, and in fact, may be entirely contradicted in others. (When this becomes too problematic, it becomes a US Supreme Court matter to decide what should be universal). I would agree it makes sense that only that part of a tax overpayment that is from the pre bankruptcy filing period should ever be subject to the bankruptcy. (So, something along the way of if you filed bankruptcy half way through the tax year, only half of the overpayment is subject to bankruptcy). Note a Corporate taxpayer may have a different result because it has a "short tax year", with one starting and ending on the date of bankruptcy. Actually, the States can "opt out" of the Federal Exemptions for Bankruptcy actions. In Maryland, state law determines exemptions and collection procedures. The short answer is yes, the Trustee may attempt to go after your tax refund AND, depending on the state you are in, you may be able to get it Exempt (meaning, Trustee can't touch it). Generally, depending on what Chapter you filed under, the issue of your tax refund will be included in the "plan" decided by the court. They are decided on an individual basis but forfeiting a portion of your tax return if it is over a certain amount seems to be what is currently happening.
If you filed bankruptcy in Dec of 2004 can you get your refund that has already been taken for 2002?
Answer No, the IRS will get to keep it. And, even if you could get it back, the bankruptcy trustee would probably take it to distribute to your creditors.
If a bankruptcy was filed in 2005 and the creditor meeting isn't until later in 2006 what would happen if their tax refund was spent before the creditor meeting?
Answer It is still considered and asset and is subject to seizure by the trustee. If the money has already been spent the debtor will have to replace the fu…nds. Or the debtor might be required to forfeit property that was previously considered exempt or risk having the BK dismissed with prejudice.
Answer A tax refund is considered income/asset belonging to the BK petitioner and is therefore subject to seizure for the repayment of debt. Whe…ther or not the refund can be included in the BK depends upon the time frame of the BK filing vs. the tax refund date and amount, the status of the refund (joint, subject to child support action, etc.) and so forth.
If you file a chapter 13 bankruptcy and include taxes years 2004 2005 can the IRS take your refund in 2007 for what you owe for tax year 2004?
como subio y bajo los precios en metro pcs desde ano 2004 al 2007 Ans I believe that the IRS maintains it's right to offset (that is clearly legal/proscribed) and what is b…eing done in something like this, even in cases of BK. Whether that right is absolutely always allowed may be another story...but unlikely it's worth fighting. The money won't go to you. (Otherwise, the refund would probably have to go to the court anyway as a pre petition asset). if a person files bankrupcy in 2009 can the IRS offset the refund
This question comes up a lot. It seems the answer really is it depends: mainly on how much and very importantly, if your earnings/overpayment of withholding relates more to …Pre petition or post petition time. (In other words, if you filed BK in say December and the refund you get a few months later is for that Jan - Nov pre -petition period...it would be something for you creditors. Opposite if your filing was say in February...especially if you didn't work/earn much in the Jan/Feb period.) In any case, it is absolutely reportable. Tthe portion to be taken by the trustee should be the part relative to before the filing. Follow: Pre petiton assets and liabilities are in the BK. Taxes withheld from earnings are basically money put on deposit with the government, to pay the tax due/payable later on. Just like any other "savings" account. Had you had the 'correct" amount withheld (instead of too much, causing a refund), the additional you received would have been available for to pay those creditor/debts. Earnings (and hence tax overpayments) from after the filing are not part of the BK. And finally, please understand all BK is a Federal court action...your state has little to do with it....that may just be the name of the Federal Court District, of which there can be many, in your area. Yes, some of these districts have certain rules they hold by, to facilitate the cases they hear (like in AZ, which is a community property state - they would try to use those rules for definitions), but the actual process, etc. is entirely Federal Law and unchanging.
If you live in a community property state and only your husband files for bankruptcy and you file your taxes separately can the bankruptcy court take your portion of your tax refund?
Yes, unless you also file papers for an "Injured Spouse" which may or may not relieve you also of the tax burden.
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.
Presuming not a community property state and only one of you filed BK? The part that can be shown relevant to the non-BK spouses earnings and overpayment would be exem…pt from claim. (If that person didn't contribute to the overpaid withholding, they probably wouldn't be deemed entitled to a refund).
If your business is a separate corporation or entity, no.
Your refund is for overpayments into that "savings account" with the Gov't to pay your taxes and was done with the money made BEFORE you filed, so it is part of the BK. W…ithholding is under your control, YOU had too much withheld all through 2008 (you could have had 100% of your earnings put into the tax account), that could have been used to pay your debts....why should you get to keep it now?
Yes unless it is Earned Income Credit.
The court can of course....you have placed all your financial affairs in their hands. And cosider, if the refund is for over withholding from work you did in 2008, and yo…u didn't file BK until 2009...that is prepetition money and rightfully should be used to pay your Pre P creditors.
Some strict limitations have been set by the new bankruptcy law. Debtors will not be able to file Chapter 7 bankruptcy if they've been through a Chapter 7 within eight years o…f the new filing. If they want to file for Chapter 13, they will not receive a discharge within two years of a previous Chapter 13 discharge and within four years if they were discharged from a Chapter 7, 11 or 12 bankruptcy.
Usually not. Your bankruptcy petition will ask you for information on whether or not you received a tax refund for the year prior, but they don't usually track you afterwards …to find out if you got a refund after your discharge. You are applying for a clean financial slate, and taking away your refund would negate that purpose. If in doubt, check with your bankruptcy attorney for more clarification.
Whether you are entitled to your tax refund will depend on what type of Chapter of bankruptcy you are filing and whether the bankruptcy exemptions can be used to protect the t…ax refund. If you are filing for Chapter 7 bankruptcy then you can generally keep the refund if the available state bankruptcy exemptions provide protection for it. If you are in a Chapter 13 bankruptcy you are typically required to turn over the tax refunds during the life of the Chapter 13 case.