Can a trustee take more than one year of refunds after a chapter seven? 16 Answers as of January 10, 2014

Can trustee take my 2012 return and also take my 2013 return after this chapter seven? I was discharged in June 2013.

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
If you were discharged in June, then you probably filed around March? Unless your refund is enormous, 3/12 of the refund would not be worth going after. However, if the trustee already opened an estate for 2012 refund, then he could take that portion also. Theoretically. I have just never seen it happen as a practical matter. If the trustee gave you special specific instructions, follow them.
Answer Applies to: Missouri
Replied: 1/10/2014
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
The trustee can take the un-exempt portion of your 2012 taxes if you did not file your taxes or receive your refund before you filed bankruptcy. They can also take a pro-rated share of your un-exempt 2013 tax return (from January 2013 to the date you filed). I hope you found this answer useful.
Answer Applies to: Florida
Replied: 1/7/2014
Stephens Gourley & Bywater | David A. Stephens
Generally no, but there are exceptions for old refunds.
Answer Applies to: Nevada
Replied: 1/3/2014
Heineman Law Office
Heineman Law Office | Jeff Heineman
Yes, it is possible, but it is rare. First, was your bankruptcy case also closed in June 2013. If it has been closed, then it is very unlikely that the trustee will re-open your case for your 2013 refund. Second, if your case is not closed, when did you file? The date that you filed may influence whether the trustee can take some or any of your 2013 return. Another important question is whether you filed your 2012 and 2013 returns on time. I hope that was some help.
Answer Applies to: Idaho
Replied: 1/3/2014
Kirby G. Moss PC | Kirby G. Moss
I have never heard of a Trustee taking 2 refunds, so I would say no.
Answer Applies to: Indiana
Replied: 1/3/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    It depends. Did you successfully claim them as exempt? Most likely your refund for this tax year is not going to be part of a bankruptcy case that is already closed.
    Answer Applies to: California
    Replied: 1/3/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you hadn't received your 2012 refund at the time you filed your case, the bankruptcy can take it and can also take a pro rata portion of your 2013 refund as well. If you were discharged in June, you probably filed in March, 2013 so the % of your 2013 refund would be modest, perhaps as little as 1/6th of your refund. Your attorney should have advised you to adjust your withholding for 2013 to avoid this issue.
    Answer Applies to: Nevada
    Replied: 1/3/2014
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    It depends on when you filed. If you filed in 2013 and had not received your 2012 refund when you filed, the trustee would be entitled to the 2012 refund and a portion of the 2013 refund depending on when you filed. For example, if you filed on March 31, 2013, the trustee would be entitled to 3 months (25%) of the 2013 refund.
    Answer Applies to: Utah
    Replied: 1/3/2014
    OlsenDaines | Rex Daines
    The trustee can take all of your 2012 tax refunds as they were all receivable by you at the time you filed. He can take a portion of your 2013 refunds apportioned according to when you actually filed the case. For example, if you filed on March 31 ( of the way through the year), then he can take of your 2013 tax refund.
    Answer Applies to: Oregon
    Replied: 1/3/2014
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    The trustee may be entitled to a pro rata share of your refund for the year in which you filed. So if you filed on 2/28/13 the trustee would be entitled to 2/12ths of the '13 refund. They don't usually bother with that small a refund that they have to wait a year to collect
    Answer Applies to: New York
    Replied: 1/3/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Was the case closed? Has the trustee filed an asset report? I need more information to answer this. Sorry.
    Answer Applies to: California
    Replied: 1/3/2014
    Law Office of Susan G. Taylor
    Law Office of Susan G. Taylor | Susan G. Taylor
    No, the trustee will not take the 2013 refund.
    Answer Applies to: Texas
    Replied: 1/3/2014
    William Bidwell, Attorney at Law | Bill Bidwell
    Can take 2012 provided that the bankruptcy trustee approves-this amount should have been reported in BK. You can take 2013 refund bc the BK was discharged before.
    Answer Applies to: Michigan
    Replied: 1/3/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your case is closed then you are finished and he can not.
    Answer Applies to: New York
    Replied: 1/2/2014
    Idaho Bankruptcy Law | Paul Ross
    In Idaho, a Trustee can only take refunds which were owed to you for the year in which you filed your Ch 7 bankruptcy (Ch 13 is a different beast). Meaning, if you filed in 2013, the Trustee can take a portion of your taxes filed for the 2013 year (filed in 2014). The Trustee can take those funds because they were owed to you for that portion of the year. Therefore, the Trustee cannot take funds for another year in which you did not file bankruptcy.
    Answer Applies to: Idaho
    Replied: 1/2/2014
    David Andersen & Associates PC | Jeremy Shephard
    It depends. The trustee may have an interest in a prorata portion of your 2013 tax refund depending on when you filed your bankruptcy. The portion from 1/1/13 to the filing date would need to be exempted or it is property of the estate. Your 2012 would have to be completely exempted or turned over. This assumes you filed your case in 2013.
    Answer Applies to: Michigan
    Replied: 1/2/2014
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