Tax Refund after Bankruptcy Discharge!

We were discharged in Sep 2011 and Jan 2012 got a letter from trustee to turn over prepared taxes and any refund by Mar 2012. Waiting for atty to reply to an email, but it appears that based on the date you file, the trustee can get the refund w/in 6 months of the discharge. So, if you file in April, expect a refund of 1k, the trustee can take 1/3 of the refund, since Jan-Apr is 1/3 of the year.

Hello, I live in AZ, & I filed Chapter 7 in October 2011 without knowledge or consent of my husband. I only filed on my debts & included tax debt years 98 & 99 which I had permission from the IRS to do. I had 341 meeting in Dec. 2011. I only began working Aug 2011 . When I finally told him of the BK & that our return had to go to the trustee... he was livid! He filed a joint return as he feels that it is all his as he works & supports the family. I only net $200 per month. The return is to go into his account which I have never had access to! What do I do? My Trustee won't respond to my plea for help, & I did not use a Attorney I filed all by myself. I don;t want my BK to get thrown out for not sending return to the Trustee! My BK was Discharged Mar. 2012 & he filed the return about a week after the D/C. He filed electronically & I truly had no knowledge of this until I told him last week I had bad news for him about our taxes.

Hi O2BEME,

You should contact a bankruptcy attorney and take his opinion in this matter. Nevertheless, as you've filed bankruptcy on your own, you might find difficulty in resolving this issue.

I am a single female and i recvd my discharge for bankruptcy in may 2012 now its tax time will i get a refund?

Hi nan,

The Bankruptcy Code requires a debtor to file an individual tax return, or request an extension. In addition, the bankruptcy trustee is required to file an estate tax return, form 1041, for the bankruptcy estate. The refund is an asset like any other asset and it may go to the trustee.

Thanks

If John Doe got his chapter 7 discharged 7/01/12 and received a large check from someone(or windfall, or inheritance) on 2/01/12, is there any way a trustee can find out about it? I understand that his 180 day rule has expired, HOWEVER, is there any way a trustee can see a large deposit, say 50k into an account? Is this stuff monitored or reported, and HOW?????

Hi klicker,

The windfall or inheritance won't be reported to your credit report. However, your bank account will have the details of the money transfer. But I don't think you should worry about it as 180 days has already passed.

Thanks

Our Az bankruptcy was filed in Sept of 2011 and discharged in Jan of 2012 by the Bankruptcy Court. We had to send our trustee our refunds, do we need to send our refunds this year? Our case is still open with him and we can't get an answer yet, so I'll see if I can get it this way!

Hi buznana,

If your bankruptcy filing is still open, then you may have to pay your tax refunds to the bankruptcy trustee. It will be better if you could meet the trustee in person and clarify the matter.

HI,
My soon to be ex wife filed for bankruptcy and was discharged for $75,000 on Dec 22, 2011. She then filed her taxes and received a $19,000 return. We were together until Nov 2011.

Is the above legal, and if it is, can I sue her for half of the refund? She claimed everything on her taxes and left me with nothing. My new accountant thinks that I should consult a tax attorney. Any thoughts or suggestions?

Hi,my 341 meeting was oct 2012 and my case been discharged and I file my taxs this yr 2013 can I keep my tax refund if I get it this march2013 or do I give it to the trustee.

Hi Guest,

Well, I don't know whether or not you will be able to sue her for the tax refunds, but there are high chances that the bankruptcy court can. There is nothing wrong in consulting a tax attorney in this regard.

Hi Roxie,

You may have to give the tax refund to the trustee. Nevertheless, you should contact the trustee and take his opinion in this regard.

Thanks

hi i filed ch.7 back in 2010 and did not turned in my tax refund to the trustee and now the trustee turned my case to her attorney to revoked bankruptcy. i understand why they are revoking my bankruptcy but now they want me to turn in my refund info for 2010 even though it was spent on moving, do you know why they need my tax info anyway?

Hi landon,

Normally, at the time of bankruptcy, the trustee will ask for the tax refunds so that it will help him in paying off your creditors. Nevertheless, as your trustee is asking for the refunds now, you should get in touch with the trustee and try to clarify the matter.

I filed for chapter 7 on 4/15/12 and was discharged 8/26/12 and now they want to take my tax refund. I have talk to different tax attorneys and I get different answers.