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Depends on if your due a refund to start...and if it was taken from earnings before your filing or after.
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∙ 15y ago
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Will the bankruptcy court take a tax refund after your bankruptcy is discharged?
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.
Will the bankruptcy court take a tax refund in Montana?
Yes.
How long do it takes for a trustee to refund your tax refund after canceling chapter 13 bankruptcy?
60days
How can creditors size a tax refund check one year after filing chapter 7 bankruptcy?
The answer depends on who the creditor is and the status of the debt. If the debt was a student loan or other non-dischargable debt, then your tax refund can be taken. If the debt WAS discharged, ANY collection action of any kind on a discharged debt is a violation of the permanent injunction of the discharge and therefore illegal. If the creditor was not included on the creditor matrix, then informing them of the bankruptcy and discharge of the debt may be all that is necessary to have the refund returned to you. In other cases it may be necessary to file a Motion for Contempt against the creditor in bankruptcy court. This would require the re-opening of the bankruptcy.
Your chapter 7 bankruptcy was discharged in your favor and you are awaiting closing What will happen to your tax refund for this year if nothing was stated on your discharge about courts keeping it?
depends on the amount over $1000.00 money gone !!!!!!!
Will the bankruptcy court take a tax refund after your bankruptcy is discharged?
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.
Will you get your tax refund if you file for bankruptcy?
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 tax 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.
Can the trustee still come after your income tax return even if your bankruptcy is discharged?
Maybe. It depends upon the amount of time that has elapsed between the BK discharge and the receiving of the tax refund. Generally any refund that can be seized by the trustee must be pro-rated.
Will the bankruptcy court take a tax refund in Montana?
Yes.
How long do it takes for a trustee to refund your tax refund after canceling chapter 13 bankruptcy?
60days
How can creditors size a tax refund check one year after filing chapter 7 bankruptcy?
The answer depends on who the creditor is and the status of the debt. If the debt was a student loan or other non-dischargable debt, then your tax refund can be taken. If the debt WAS discharged, ANY collection action of any kind on a discharged debt is a violation of the permanent injunction of the discharge and therefore illegal. If the creditor was not included on the creditor matrix, then informing them of the bankruptcy and discharge of the debt may be all that is necessary to have the refund returned to you. In other cases it may be necessary to file a Motion for Contempt against the creditor in bankruptcy court. This would require the re-opening of the bankruptcy.
Your chapter 7 bankruptcy was discharged in your favor and you are awaiting closing What will happen to your tax refund for this year if nothing was stated on your discharge about courts keeping it?
depends on the amount over $1000.00 money gone !!!!!!!
Will the bankruptcy trustee take all of your tax return refund?
I think it depends on when the bankruptcy is discharged, but it would be discussed at your meeting with the creditors and the trustee. If it wasn't discussed, then the refund is yours.
Can you get refund anticipation loan if you have a chapter 7 bankruptcy?
If you are in a C. 7 or within 6 months after the close of your case, any tax refund is property of the bankruptcy estate and must be turned over to the trustee. You may not get a loan against an asset (tax refund) without the court's permission.
Is it possible to exempt a tax refund in chapter 7 bankruptcy?
You can't "exempt" anything.
I filed for bankruptcy 9-2009 It was discharged in 2009 and my refund for tax year 2008 was disclosed and not touched will I get my 2009 refund?
Yes
Will Chapter 7 Bankruptcy discharge New Mexico gross receipts tax?
no
