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Philip R. Boardman, Attorney at Law | Phil Boardman
Yes, you may file your tax return. You should have exempted any potential refund in your sch. C of your bankruptcy papers.
Answer Applies to: Virginia
Replied: 1/25/2012
Bird & VanDyke, Inc. | David VanDyke
Whether you have filed your 2011 income taxes or not any tax refund is part of your bankruptcy estate and must be exempted or the trustee will take it.
Answer Applies to: California
Replied: 1/20/2012
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If you are entitled to an income tax refund after the filing of the bankruptcy, you will be able to keep it.
Answer Applies to: California
Replied: 1/20/2012
The Law Office of Darren Aronow, PC | Darren Aronow
That depends if you still have cash exemptions that you can use.
Answer Applies to: New York
Replied: 1/19/2012
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
You need to look at your schedules and see if your potential tax refund was exempted, normally it would say something like 2011 Income Tax Refund Pro Rata. If not, the trustee is entitled to take it for your creditors. Talk to your attorney, they should easily be able to tell you.
Answer Applies to: Michigan
Replied: 1/19/2012
Ashman Law Office | Glen Edward Ashman
You have asked if you can commit perjury and hide estate property. The penalty is denial of your discharge, 5 years in prison and a $250,000 fine. The answer is no. You are required to list in your petition expected tax refunds. Non-exempt refunds go to the trustee no matter how long you wait to file.
Answer Applies to: Georgia
Replied: 1/19/2012
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
Yes. Make sure that if you are getting a refund it is listed in Schedule B and exempted in schedule C.
Answer Applies to: California
Replied: 1/19/2012
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Check your Schedule C.... have you used all of your exemptions? And, it does not matter if you wait. The trustee can your tax return anyway.
Answer Applies to: California
Replied: 1/19/2012
Law offices of John P. Brooke | John Brooke
It depends on how much you expect to receive and if you can take the cash exemption instead of the homestead exemption. If you are taking the federal exemptions but not using the homestead than you can protect up to almost $12,000 in personal property/cash.
Answer Applies to: New York
Replied: 1/19/2012
Law Office of Susan G. Taylor | Susan G. Taylor
If you expect a refund, your lawyer will need to list it as an asset & assign an exemption, if possible. That will depend on which exemption scheme or schemes are available in your case. You might need to get the refund & spend it before filing.
Answer Applies to: Texas
Replied: 1/19/2012
J.M. Cook, P.A. | J.M. Cook
Whether you file you return now or later, the refund is subject to the claims of the creditors and the trustee. Usually, most debtors can exempt the refund. Work with your attorney to maximize your exemptions.
Answer Applies to: North Carolina
Replied: 1/19/2012
Diefer Law Group, P.C. | Abel Fernandez
You can file your tax return prior to your bankruptcy discharge but you should have listed your return as an asset and exempt it in your case. If you failed to do so, the court could take the refund no matter when you file the actual return.
Answer Applies to: California
Replied: 1/19/2012
Ross Smith, Attorney at Law | Charles Ross Smith III
You have asked a very complicated question. It can't really be answered until your petition is prepared or at least we have an idea of all of your assets and also the size of your refund. So go see a bankruptcy attorney. Many offer an intial consultation at no charge. Ask them if they think you will lose your refund and how to protect it. Hey, it's not a bad idea to use your refund to hire an attorney to protect your assets in bankruptcy. Good luck.
Answer Applies to: Ohio
Replied: 1/19/2012
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
When you file your taxes has no impact on whether or not your refund will be taken by the trustee for the purpose of divvying it up amongst your creditors. If you filed your case in late 2011 or early 2012, before you had received your 2011 refund, you should have listed the potential refund on Schedule B and exempted it to the extent possible on Schedule C. If you were using federal exemptions in your Wisconsin case, exempting a potential refund should have been no issue. If the refund was exempt, the trustee cannot take it. If you were unable to exempt the refund because you used another exemption scheme or you already had used your entire federal exemptions, then the trustee can take your refund regardless of when you file your tax return.
Answer Applies to: Wisconsin
Replied: 1/19/2012
Law Office of Yvonne Michaud Novak | Yvonne Michaud Novak
If you have already filed, you should have exempted the 2011 refund in your petition. If you did not do that, it doesn't matter if you file your taxes now or later because the refund will belong to the trustee if the trustee claims it. You may still be able to amend your schedules to protect it. Talk to a local bankruptcy attorney.
Answer Applies to: Minnesota
Replied: 1/19/2012
