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If you filed chapter 13 bankruptcy will the trustee take your tax refund?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
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Can you lease a car in chapter 13 bankruptcy without getting permission from the trustee?
You will need permission from the trustee before doing anything financial while in chapter 13 bankruptcy. You will have already signed paperwork agreeing to full disclosure with your trustee when you filed.
If you filed bankruptcy in Dec of 2004 can you get your refund that has already been taken for 2002?
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.
My husband filed chapter 13 bankruptcy in November.His court date is January 25th. Will we get a tax return?
Sorry, but this makes no sense. A chapter 13 filed in November 2011 should have had a plan confirmed by now. If there is a court date of some kind for January, the case may be about to be dismissed. In any event, if the chapter 13 is still pending when you get your tax refund, it will have to be given to the chapter 13 trustee.
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.
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.
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.
Will bankruptcy trustee take pain and suffering settlement?
If (a) you filed Chapter 7 *AND* (b) the injury occurred *AFTER* you filed, no. Otherwise, you should discuss it with your bankruptcy attorney.
Can you lease a car in chapter 13 bankruptcy without getting permission from the trustee?
You will need permission from the trustee before doing anything financial while in chapter 13 bankruptcy. You will have already signed paperwork agreeing to full disclosure with your trustee when you filed.
How do you find out when you filed chapter 7 bankruptcy?
You can find out when you filed for Chapter 7 bankruptcy by checking the public records at the bankruptcy court where your case was filed. You can also contact your bankruptcy attorney or the trustee assigned to your case for this information.
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.
If you filed bankruptcy in Dec of 2004 can you get your refund that has already been taken for 2002?
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.
Your personal bankruptcy was filed in 2000 can your name be added to a CD account?
If your bankruptcy was "discharged" in 2000, then yes. Discharged means it is done! If you are still in a chapter 13 bankruptcy, still paying the trustee--then no. If the trustee finds out about the CD, it will cause lot of problems.
Can a creditor take your income tax refund if you file Chapter 7 Bankruptcy?
Depending on some things, like when the tax was paid and when the BK was filed, the refund is like any other asset and available to creditors. The trustee or court would take it and pay it to creditors according to their standing in the case.
If you filed for chapter 13 can you spend your tax returns?
No, if you're in Ch. 13 you're supposed to send your refund in to the trustee who will calculate the 'reasonableness' of the refund and send you any excess (sure they will)
My husband filed chapter 13 bankruptcy in November.His court date is January 25th. Will we get a tax return?
Sorry, but this makes no sense. A chapter 13 filed in November 2011 should have had a plan confirmed by now. If there is a court date of some kind for January, the case may be about to be dismissed. In any event, if the chapter 13 is still pending when you get your tax refund, it will have to be given to the chapter 13 trustee.
My fiance filed chapter 11 bankruptcy and now we want to get married can the court trustee demand more money?
Make sure that it was a chapter 11 and not a chapter 7 or a chapter 13. Many times there are no trustees in a chapter 11 and chapter 11 is almost always a larger business bankruptcy.
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.
