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Has the chapter 13 bankruptcy been discharged (completed)? If not then in your bankruptcy agreement for repayment it probably states that you must surrender any tax return to the repayment schedule. Read your entire agreement and consult with your attorney to be sure.

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16y ago
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17y ago

Yes, bankruptcy does not change the legal requirement of the BK filer to file an income tax return.

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Q: Do you keep a tax refund after bankruptcy?
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Will you get your tax refund if you file for bankruptcy?

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.


Will the bankruptcy court take a tax refund in Montana?

Yes.


How long do it takes for a trustee to refund your tax refund after canceling chapter 13 bankruptcy?

60days


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. There are two ways to avoid this, first way would be to delay filing your bankruptcy petition until after you have gotten your refund and spent the money. The second way is to declare part or all of the refund to be part of your exemption, however exemptions are small and most people have other assets (like computers, wedding rings, paychecks, etc.) they want to protect with their exemptions.


Do you get tax refund after bankruptcy discharge?

Depends on if your due a refund to start...and if it was taken from earnings before your filing or after.


Will the bankruptcy court take a tax refund after your bankruptcy is discharged?

Usually not. Your bankruptcy petition will ask you for information on whether or not you received a tax refund for the year prior, but they don't usually track you afterwards to find out if you got a refund after your discharge. You are applying for a clean financial slate, and taking away your refund would negate that purpose. If in doubt, check with your bankruptcy attorney for more clarification.


Can you receive a tax refund this year if you filed bankruptcy last year?

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.


Will the bankruptcy trustee take all of your tax return refund?

I think it depends on when the bankruptcy is discharged, but it would be discussed at your meeting with the creditors and the trustee. If it wasn't discussed, then the refund is yours.


Can you get refund anticipation loan if you have a chapter 7 bankruptcy?

If you are in a C. 7 or within 6 months after the close of your case, any tax refund is property of the bankruptcy estate and must be turned over to the trustee. You may not get a loan against an asset (tax refund) without the court's permission.


Is it possible to exempt a tax refund in chapter 7 bankruptcy?

You can't "exempt" anything.


If you filed chapter 13 bankruptcy will the trustee take your tax refund?

Yes. For 3 years. They do not take it all. You will get to keep your EIC and certain other credits that may be given that year. This is per my bankruptcy lawyer.


I filed for bankruptcy 9-2009 It was discharged in 2009 and my refund for tax year 2008 was disclosed and not touched will I get my 2009 refund?

Yes