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Tax Refund after Bankruptcy Discharge!

Posted on: 15th Mar, 2010 08:43 pm
Hi I filed for Bankruptcy last October '09 and and had my 341 meeting last Dec '09. I already received my Discharged last February '10 and i received a letter from my trustee last March 9, 2010 stating that they need to have a copy of my tax refund and they want my refund. I filed for my tax return last February 2, and received my refund last Feb 23, i spent half of it already...........Will they still take my $935.00 refund....Please i need advice....Thanks
Hi Guest!

Welcome to forums!

The tax refund, that you get, can be used to pay off your creditors while you file bankruptcy. Thus, you will have to send your tax refunds to the trustee. As you have spent some of your refund money, you should inform your trustee about the same.

Feel free to ask if you've further queries.

Sussane
Posted on: 15th Mar, 2010 11:38 pm
Why would the Trustee take a tax refund after a Bankruptcy has been discharged and all debts have been paid off in full?
Posted on: 31st Mar, 2010 06:18 pm
Hi Bear,

The trustee can take away your tax refunds to pay off your creditors. However, as your debts have been discharged, the trustee should not take your tax refunds. You will have to speak to your bankruptcy attorney and trustee in this regard and clarify the whole issue.

Take care.
Posted on: 01st Apr, 2010 03:37 am
My husband and I filed for Bankruptcy on October 29, 2009, in California. We had our meeting with the creditors in December 3, 2009 and our bankruptcy was discharged on February 8, 2010. When we filed our attorney exempt $1000 for upcoming tax returns. We just filed our taxes today, April 5, 2010 and are getting a refund of $2100. Since we already received our discharge do you think they will still take any $ we receive over the $1000 that was exempt?
Posted on: 05th Apr, 2010 03:22 pm
Hi Jnicolle,

As your bankruptcy has already been discharged, I don't think the trustee will be able to take your tax refunds in order to pay off your creditors. However, to be on the safer side, I would suggest you to have a word with your bankruptcy attorney in this regard.

Take care.
Posted on: 06th Apr, 2010 03:01 am
I live in Terre haute indiana filed bankruptcy last feb....was discharged in june and the trustee is stating i have to send in copies of my fe3d and st returns.....will they take all my return....they have already kept an inheritence from my grandmother.....i am also in monthly food stamps....i am worse off since filing and lost more
Posted on: 27th Dec, 2010 08:10 am
Hi dee!

Welcome to forums!

The tax refunds that you will receive can be taken away by the bankruptcy trustee in order to pay off your debts to the creditors.

Feel free to ask if you've further queries.

Sussane
Posted on: 27th Dec, 2010 09:27 pm
I filed for bankruptcy in dec'10 I have a meeting w/my creditors this wed feb 2nd '11. I filed my taxes electronically w/turbo tax and it says it was accepted by the Irs. Do you think they will send me the money or will they send it to the trustee?
Posted on: 30th Jan, 2011 07:46 pm
Hi Kim,

They will send you the refunds but you need to submit it to the trustee so that he can use it to pay off your creditors.

Thanks
Posted on: 31st Jan, 2011 12:00 am
i received a discharge on feb 8th and im getting 5639.00 back in taxes will they take it
Posted on: 15th Feb, 2011 08:48 am
Hi heatherhjc,

If you've already received the bankruptcy discharge, then the trustee may not come after you to take away your tax refunds.

Thanks
Posted on: 15th Feb, 2011 10:00 pm
I filed bankrupcty in 2010 and mycase was closed & discharged 1/25/2011. If I get a refund does it go to the trustee
Posted on: 23rd Feb, 2011 01:51 pm
Hi kiten,

As your case has been discharged by the court, I don't think the tax refund will go to the bankruptcy trustee.

Thanks
Posted on: 23rd Feb, 2011 09:53 pm
I just found out from my lawyer that I have to turn my refund over to the trustee this year and possible next year also. My case was closed and discharged. Why does the trustee get my refund, being broke I sure could use that refund.
Posted on: 28th Feb, 2011 07:45 am
Hi Guest!

Welcome to forums!

Well... as far as I know, if your case is discharged, then you won't have to give your tax refunds to the trustee.

Sussane
Posted on: 28th Feb, 2011 10:39 pm
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