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No. Everything that happens in a bankruptcy case goes through the (7 or 13) trustee and if the trustee has not acted to get the refund, but has told you it must be sent to him/her, that is your obligation when you receive it. If the trustee did not know about the refund, and you omitted that information from your schedules, you may find your bankruptcy dismissed with prejudice, so you will not be able to re-file it for a while.

If you owe the IRS back taxes, they may intercept it. Then it will depend on whether the taxes were or will be discharged. Talk to a lawyer.

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Q: Does a tax refund automatically get sent by the IRS to bankruptcy court after a chapter 7 discharge?
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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.


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.


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

60days


Your chapter 7 bankruptcy was discharged in your favor and you are awaiting closing What will happen to your tax refund for this year if nothing was stated on your discharge about courts keeping it?

depends on the amount over $1000.00 money gone !!!!!!!


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

You can't "exempt" anything.


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.


How can creditors size a tax refund check one year after filing chapter 7 bankruptcy?

The answer depends on who the creditor is and the status of the debt. If the debt was a student loan or other non-dischargable debt, then your tax refund can be taken. If the debt WAS discharged, ANY collection action of any kind on a discharged debt is a violation of the permanent injunction of the discharge and therefore illegal. If the creditor was not included on the creditor matrix, then informing them of the bankruptcy and discharge of the debt may be all that is necessary to have the refund returned to you. In other cases it may be necessary to file a Motion for Contempt against the creditor in bankruptcy court. This would require the re-opening of the bankruptcy.


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.


Can they hold your federal return in chapter 7 bankruptcy?

The trustee can ask you to turn it over to him if he knows that you are getting a refund back.


If a chapter 13 bankruptcy was dismissed in June of 2005 when could tax refund offset of a student loan be expected?

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.


Can a trustee take your federal tax refund in Missouri if your bankruptcy was discharged before you filed your taxes?

The trustee may be able to take a portion depending upon the amount of the refund and the time frame between the filing or discharge of the BK and the date of the tax return. If a percentage can be ceased it will be pro-rated according to the number of months between the BK discharge and filing of taxes. In a chapter 13, the refund is not ceased but if it is of a considerable amount it may affect the payment amount assigned to the BK. But the money was generated BEFORE you filed for bankruptcy, so it's technically an asset that you already had and as such is to be factored in to the distribution to the creditors.


Do i have to give tax refund tpchapter 13 that was filed last 2013?

If the Chapter 13 Bankruptcy is still active you probably will need to turn over this to the Chapter 13 Trustee. At the least you need to ask the Trustee about the refund amount and if it must be submitted or not.