This question gets asked somewhat frequently. The general consensus is that it's sort of regional and case specific. A particularly large refund interests them for sure. However, any that they do consider as a bankruptcy asset would have had to be paid over (withheld) in the pre filing periods. If your case has been closed for a while, and you filed yet sometime before that, this years refund would have been from post filing earnings and not subject to them.
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.
You need to discuss this with your attorney. Once you receive your tax refund, it's part of your personal assets that could be seized to pay creditors. If you file bankruptcy before you get your taxes then the government will keep your tax refund and put it towards your debt. The bankruptcy court has 1 year to go back and open your case even after your bankruptcy has been discharged. If you can prove that the money is needed/used for catching up rent or other nessacery bills they will not take it.
No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.
Yes.Added: Bankruptcy actions have no effect on court awards.
Generally it depends on the type of BK when or if it has been discharged, the amount of the refund, and if it is a federal or state bankruptcy filing. As a rule at least a portion of the refund will be taken by the trustee, more likely the entire amount is subject to relinquishment.
Normally when someone inquires if your bankruptcy is closed they are referring to has it been "discharged" When a judge presiding over the bankruptcy of a debtor and approves it. The approval constitutes a discharge of those debts and is thus "closed" On the other hand if the bankruptcy is not approved then the bankruptcy is "dissmissed" But in your case a closure constitutes a discharge.
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.
Chanel West Coast has never been arrested. Recently, she has filed for bankruptcy. The bankruptcy would be the only reason she has been in court.
Under the current bankruptcy law, you have to follow the instructions on the judge's decree. You may come under a category that you owe nothing following the judge's ruling. You may not. Either read the ruling, get someone to read it to you, or go to the court and purchase a copy to replace the one you lost.
If there is a judgment in a court for the IRS debt, you do not need to file a motion to include it in your bankruptcy. If the tax due was determined more than 3 years before the filing date, you include it in your Schedule F. If you have already filed your bankruptcy documents, you need to file a motion to amend Schedule F with the bankruptcy court. If the case has been closed, you will need to reopen the case, paying the filing fee, and then your motion to add the debt.
Until your bankruptcy case has been closed you should not make any major purchases. The court will look at these purchases and may determine that you are no longer eligible to file and dismiss your case. However, after your case has been settled, there is no time limit to when you can buy a car. The only thing that will hold you up is your credit so getting a car right off the bat may be near to impossible.
It may not be necessary to correct it. Consult your bankruptcy attorney. If the case has been closed, you will have to pay to reopen the case and file a motion to make the correction. If the error makes your bankruptcy invalid, it will get complicated.