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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 you didn't file BK until 2009...that is prepetition money and rightfully should be used to pay your Pre P creditors.

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Q: Is it legal for the courts to take inc tax refund if you file bankruptcy?
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Related questions

If you do not owe the IRS will your refund been taken if you file bankruptcy?

It depends on the courts. I had a friend who went through bankruptcy and was owed a refund from the IRS. The trustee for the bankruptcy ordered her to turn over the refund to the courts to be paid out to creditors. So it could happen, but they cannot actually intercept or offset your refund. They will just order you to pay it to the trustee.


Can a Legal alien file for bankruptcy?

Yes.


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.


If you file bankruptcy for your business will they take your personal tax refund?

If your business is a separate corporation or entity, no.


Do have to file taxes if you are filing bankruptcy?

Yes, you do. And any tax refund may have to be given to the trustee.


If you file taxes while in bankrupt will you get a refund?

I depends on the type of bankruptcy and your agreement with the trustee/court.


Did Swift transportation file bankruptcy?

Swif has NOT filed Bankruptcy. It is pretty easy to look it up via the US Government Bankruptcy Courts web site.


Can you file for bankruptcy at any time?

The short answer is no. There are legal restrictions regarding when and how often you can file bankruptcy, as well as the type of bankruptcy (if any) you are eligible to file. You will likely need to be able to pay any court and legal fees involved, as well, so proceed with caution.


Do you keep a tax refund after bankruptcy?

Has the chapter 13 bankruptcy been discharged (completed)? If not then in your bankruptcy agreement for repayment it probably states that you must surrender any tax return to the repayment schedule. Read your entire agreement and consult with your attorney to be sure.


Do you have to be a US citizen to file for bankruptcy?

No, you do not have to be a U.S. citizen to file for banrupcy, you just need to be a legal resident.


Should i file taxes after discharge?

Yes. Bankruptcy does not change you absolute legal obligation to file taxes.


How long after you file bankruptcy can you receive an inheritance without having to turn it over to the courts?

190 days