Depends on the trustee. Some do; some don't.
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.
60days
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 as the payments were being made every pay period we were okay. Hope this helps
Ahhhhh . . . you do not get a tax refund if you owe. You pay them.
It can take your tax refund.It can take your tax refund.It can take your tax refund.It can take your tax refund.
The trustee may take the refund and distribute it to creditors because a tax refund is not considered an exempted asset under bankruptcy laws.
Im never refund federal tax, like a boss.
If you filed a Chapter 7 and it has been discharged your tax refund will not be taken. It will only be taken if you have filed a Chapter 13 and that is entirely up to the Trustee.
If you are due a refund for taxes filed for the 2005 tax year, that refund can be siezed to offset the student loan - and every refund after that too.
You can't "exempt" anything.
Depending on some things, like when the tax was paid and when the BK was filed, the refund is like any other asset and available to creditors. The trustee or court would take it and pay it to creditors according to their standing in the case.
The length it takes to get your tax refund is dependent on how you filed your taxes and the complexity. Time to receiving a refund can take anywhere from 2 weeks to 8 weeks.