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Tax refunds and chapter 7?

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This Q has been pushed around a lot here...and this is what I've pieced together: It depends...a bit on which circuit court your in and how they feel...and expecially how much is involved...(obviously large amounts are wanted for creditors...and it just seems unfair for you to not pay someone your debt, because you didn't have the money, because you had too much withheld or prepaid...when the amount withheld/prepaid is controllable and returned to you!) The other aspect is when you filed compared to when you made your money...If the overpaid tax is for a pre-petition filing period...most trustees want it...but if it really isn't then it's yours. So say it's a refund for the year and you filed BK in December.....well it was basically all withheld as part of the Jan-Dec period in your filing...and it part of the BK...but if you filed in say March...well not much of it is really from the covered BK period. Sort of makes sense.
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Can you file for a tax refund while in a chapter 7 bankruptcy?

Filing Return While in Bankruptcy   Yes, you still have to file your taxes as usual. Any refund will probably be appropriated by the trustee and treated as a nonexempt as

How can creditors size a tax refund check one year after filing chapter 7 bankruptcy?

  Answer   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

Why does the court sometimes take the tax refund when a person files a chapter 7 bankruptcy?

  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

Your friend and you both went chapter 7 why are they taking your income tax refund and not hers the y did not say you had to pay something off.just that you had to give it to them?

  I'm relying on previous discussions on this - Apparently, it's handled differently by different courts. Some always take it others seem to have a limit up to which the

How much can trustee take of tax refund in chapter 7?

Answer . This Q has been pushed around a lot here...and this is what I've pieced together:. It depends...a bit on which circuit court your in and how they feel...and expecia

Can you receive your 2007 tax refund if you file chapter 7 in 2007?

Answer . This Q has been pushed around a lot here...and this is what I've pieced together:. It depends...a bit on which circuit court your in and how they feel...and expecia

What can you use your income tax refund on if your filing chapter 7?

Until you file, your money is yours to use. Financial counseling would be an excellent choice.. However, you have debt obligations you promised to pay...that would be a good

Does a tax refund automatically get sent by the IRS to bankruptcy court after a chapter 7 discharge?

  No. Everything that happens in a bankruptcy case goes through the (7 or 13) trustee and if the trustee has not acted to get the refund, but has told you it must be sent

Do you lose your tax refund for filing chapter 7 bankruptcy in Washington OR ANY state?

  Very likely...the refund is because you had more money than needed withheld from your paycheck and pu in (essentially) a savings account at the IRS to pay your eventual

When a chapter 7 bankruptcy has been discharged can any income tax refund go to the trustee?

It depends on whether your attorney has protected your income tax return refund or not. Again, it all depends on whether it was calculated as future income or protected. Check

How long does it take for a trustee to refund your tax refund after filing chapter 7 bankruptcy?

The tax refund goes into the bankruptcy estate. If your chapter 7 filing did not exempt the refund, the money will be used to pay the trustee and to pay your debts pro rata. T