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No, the IRS will get to keep it. And, even if you could get it back, the bankruptcy trustee would probably take it to distribute to your creditors.

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Q: If you filed bankruptcy in Dec of 2004 can you get your refund that has already been taken for 2002?
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Can the Federal government take your wifes tax refund for your VA medical debt?

Yes on a Jointly filed return they can. Everyone that signs a tax return is individually and severally responsible for ANY tax due on the return. Having said that there IS a work-around. You have to prepare and submit an Injured Spouse form along with the jointly filed tax return. Then you can get any portion of the refund that would have generated for you if her deficiency was not taken into account.


What types of loans does Washington Mutual Bank offer?

Washington Mutual Bank is no long around, they filed for bankruptcy in 2008, and where taken over by " JP Morgan Chase". They're no long around, so they don't offer loans.


Can your state refund be taken by a federal loan?

yes they can take it for that


Can bankruptcy be taken off your credit report if the bankruptcy was dismissed through the courts?

Bankruptcies are a matter of public record and this is why they appear in credit histories. A Chapter 13 listing will remain on your credit report for seven years from the filing date and a Chapter 7 will remain on the credit report for 10 years from the filing date. The credit report entry will state the bankruptcy was filed and dismissed, not discharged.


Irs Phone number to see if your taxes will be withheld for student loans?

I don't know of a phone number that you can call to see if your tax refund will be taken or partially taken for debts such as you mentioned here. The IRS is not the agency that handles this action, it is the Department of the Treasury, but a different department with the Treasury Department. If you have a debt of this type that is listed as delinquent, the odds are that funds will be taken for these debts. Also, if you have a debt of this type you will already know about it. Letters are mailed to people many times who have these debts and whether or not your refund is taken, look at it as a way to get the debt paid. Once debts are paid in full you will no longer have to worry about your refund going toward delinquent debts owed to a Government Agency.

Related questions

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.


Can an life insurance proceeds be taken when bankruptcy is filed?

Yes


What is the likelihood that a tax refund will be taken by the trustee during a bankruptcy?

Generally it depends on the type of BK when or if it has been discharged, the amount of the refund, and if it is a federal or state bankruptcy filing. As a rule at least a portion of the refund will be taken by the trustee, more likely the entire amount is subject to relinquishment.


If your wages are being garnished after you filed for bankruptcy in Ohio can the collection agency keep what they've taken and how can you stop the garnishment?

Once the bankruptcy is filed the automatic stay will halt the garnishment action. However, monies taken before the bankrupcy was filed will not be returned to the debtor.


If you do not owe the IRS will your refund been taken if you file bankruptcy?

It depends on the courts. I had a friend who went through bankruptcy and was owed a refund from the IRS. The trustee for the bankruptcy ordered her to turn over the refund to the courts to be paid out to creditors. So it could happen, but they cannot actually intercept or offset your refund. They will just order you to pay it to the trustee.


If my debt is only in my name and I file chapter 7 in Georgia would my refund be taken if I file my tax return jointly with my husband?

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.


Would your income tax get taken from you to pay for your husbands backed child support?

If you filed jointly and your tax refund was intercepted, you will have to file an injured spouse claim to recover your share of the refund.


Will your tax refund be taken to pay back your debt if you file for bankruptcy?

Tax Refunds and ReturnsThere is no specific protection for tax refunds in bankruptcy. As such, the "wild card" exemption* is used to try to protect these funds as much as possible. Further, any portion of your tax refund that pertains to the "earned income credit" is also fully protect and yours to keep.In a Chapter 7 Bankruptcy, you may lose all or part of your tax refund due for the tax year in which you filed your bankruptcy. For example, if you file for bankruptcy in 2009, your Trustee may be entitled to all or part of your 2009 refund, which is due from the tax return that you will be file in 2010.If you file for bankruptcy today, you must provide copies of your tax returns for the years 2008, 2007, 2006, 2005, and you may have to provide a copy of your 2009 tax return when it is filed, to the Trustee. In a Chapter 13 Bankruptcy, you must also provide copies of your tax returns to your Trustee during the term of your Chapter 13 Bankruptcy. You will generally lose tax refunds during the entire term of your Chapter 13, not including any amount that can be protected by the "wild card".-------* The wildcard exemption is $1,000 per person. It allows you to retain up to $1,000 of assets (cash, accounts, property …) that is not otherwise protected when you file for bankruptcy.


I am going into a bankruptcy in app 1 month the bank wants to reposses the car if I surrender the car before the bankruptcy is filed will it show up as a repo or go under the bankruptcy?

It will show up as both. If the bank auctions off the car, they may come after you for a deficiency judgment. Any chance of them coming after you would be taken care of in the bankruptcy.


What happens if a creditor is disputing a debt to be included in a chapter 13 is filed?

contact them and ask them why...if it's a credit card...or basically anything but student loans they have to accept the terms of the bankruptcy. get in touch with the lawyer who did your filings for your bankruptcy proceedings and they should get it taken care of.


When you pay more than you owe in taxes and the IRS gives you money backwhat is that money called?

A tax refund or tax rebate is a refund on taxes. When your tax liability (the amount of tax you owe) is less than the amount of taxes paid or taken out of your paycheck, the IRS will give you a tax refund once your return is filed.


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.