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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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Once a chapter 7 bankruptcy case is closed can the trustee order the debtor to relinquish their tax refund if not ordered prior to closing?

  I would think that to be highly unlikely. Once a case is closed, the Trustee has filed all the proper paperwork and the case is set aside, usually permanently. Unless th

Does trustee in Louisiana take your tax refund in chapter 13?

No they do not take your refund from my experience, but they do take the state refund. If they do take it, you can contact the trustee and ask for it back. I was told as long
How can you keep your tax return when you file a bankruptcy chapter 7?

How can you keep your tax return when you file a bankruptcy chapter 7?

I assume you mean "how do you keep your tax REFUND when you file a chapter 7 bankruptcy?" A tax refund is an asset of the estate and, generally, the trustee will take it. Ther

Where is or when will you get your tax refund?

The only one that can really tell you anything about your refund is the IRS.   They have a service to do so, link provided below.   Be aware:   Whether you opted for

Will Chapter 7 Bankruptcy discharge state sales tax?

Absolutely not. Even in the BKs with the highest powered of lawyers...and Corporations....the last things done before filing BK is pay the sales and withholding taxes! In

Can you include personal property taxes on your chapter 7 bankruptcy?

  A basic, rough primer:   BK is always done under FEDERAL Laws, in a Federal Bankrutpcy Court. Basically State makes little difference. (Yes the BK Courts operating in

If a final decree states that trustee is hereby discharged and any bond required is cancelled and that the chapter 7 case of the debtor is closed might they still ask for your tax refund?

They may not be able to as for your tax refund because they have  freed you of all obligations. However, you need to read the  paperwork and make sure there is no language t

Should you wait to file chapter 13 after tax refund?

  Either way they will want a tax return filed before filing for chapter 13. If you are expecting a refund then they will seize it if it is after so to keep the money fi

Can you apply partial refund to next years tax if in chapter 11 therefore keeping the max refund amount allowed by trustee?

Wow...you've got things figured out so well. Suprising your in bankruptcy (pretty well defined as failure) because you can't figure out how to make enough money to pay your de

Will the bankruptcy trustee in Minnesota take your tax refund in case of chapter 13?

No! You must claim more dependants on your paycheck to avoid the trustee claiming your refund. 1500$ is the limit from Fed and State combined. Keep your refund below that amou