If I filed bankruptcy in December 2013 will I receive tax refund? 26 Answers as of February 10, 2014

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Jason Karavias, Esq.
Jason Karavias, Esq. | Jason Karavias
Whether you are able to keep all or a portion of your tax refund depends on your other assets and the extent to which those assets are exempt.
Answer Applies to: Pennsylvania
Replied: 2/10/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If your tax return is not exempt then no, if it is, then yes.
Answer Applies to: New York
Replied: 1/27/2014
Stephens Gourley & Bywater | David A. Stephens
Depends on the size of the refund. The larger the refund the greater the likelihood the trustee will take it.
Answer Applies to: Nevada
Replied: 1/24/2014
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
Much will depend on the chapter you filed and your trustee. Some trustees will have the refund sent directly to their office. Others will expect the portion, if required to be sent to them when you receive the refund. In any event, it is recommended you confirm with your attorney prior to spending any portion of your return.
Answer Applies to: Florida
Replied: 1/24/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
It depends on which bkry chapter you filed, whether you exempted the refund, and the amount of the refund. No nearly enough info to try to answer
Answer Applies to: New York
Replied: 1/24/2014
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    If you were able to exempt it in your filing you will still get it unless the IRS or State takes it for back taxes.
    Answer Applies to: Connecticut
    Replied: 1/24/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If you exempted it under your wildcard exemption (d)(5). If you didn't and have enough or any wildcard exemption left, amend and put it on there.
    Answer Applies to: Michigan
    Replied: 1/24/2014
    MCBRIDE LAW OFFICE | Robert E. McBride
    It depends. Your tax refund is an asset of your bankruptcy estate. The refund should be disclosed on Schedule B of your bankruptcy filing. In order to retain the refund you need to have sufficient exemption to protect the refund, and the refund should be claimed as exempt on Schedule C. If properly exempted, the refund will be protected from your bankruptcy trustee. Even so, if you have unpaid taxes from prior years, the IRS and/or your state's department of revenue may ask the bankruptcy court for relief from stay and take the refund.
    Answer Applies to: Pennsylvania
    Replied: 1/24/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    As long as you claimed it as exempt you should have no problem.
    Answer Applies to: California
    Replied: 1/23/2014
    Idaho Bankruptcy Law | Paul Ross
    In Idaho, you are required to turn over your tax refunds. Technically you will receive your refund, but you will be required, by order, to turn it over to the Trustee in both a Chapter 7 and Chapter 13.
    Answer Applies to: Idaho
    Replied: 1/23/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Did you list the tax refund as an asset and exempt it on your petition?
    Answer Applies to: California
    Replied: 1/24/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It depends upon what state you live in and whether there are any exemptions you can (and did) properly claim to protect the funds in your refund. In Colorado, the trustee would require you to turn over nearly 100% of the refund to be used to open a bankruptcy estate.
    Answer Applies to: Colorado
    Replied: 1/23/2014
    David Brodman
    David Brodman | David Brodman
    You should be able to keep your entire refund. You should have claimed an exemption to keep the refund. If you did not claim an exemption, you can still amend your papers to claim the exemption.
    Answer Applies to: New York
    Replied: 1/23/2014
    Greg Wiley | Greg Wiley
    This will depend on whether it is exempt. In Texas, you may use the federal exemptions that will allow for a wildcard exemption and you can use it to exempt some or all of the tax return. If you used the state exemption, there is not a wildcard exemption. You should contact your bankruptcy attorney to discuss which exemptions you used.
    Answer Applies to: Texas
    Replied: 1/23/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    Yes, you usually receive at least part of the refund. The trustee will not go after tax refund amounts received from the earned income creditor or additional child tax credit. After that, you can protect about $1500.00 between your cash on hand when filing, bank account balances, and the rest of your refund.
    Answer Applies to: Ohio
    Replied: 1/23/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You will be required to provide your bankruptcy trustee with a copy of your 2013 return and you will have to turn over the refund check to the trustee unless you selected exemptions on Schedule C that will protect your refund. Without seeing your tax return, I cannot say if the trustee will take some, all, or none of your tax refund check.
    Answer Applies to: Nevada
    Replied: 1/23/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    You can if you estimated the refund amount on Schedule B and exempted it on Schedule C. You can file an amendment if you forgot or if you underestimated the refund amount. The court does not charge a filing fee for amending Schedules B or C.
    Answer Applies to: Oregon
    Replied: 1/23/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Depends on a lot of factors. You should consult with your attorney. If no attorney you need to look at rules in regards to exemptions.
    Answer Applies to: Florida
    Replied: 1/23/2014
    Law Office of Erik Severino | Erik Severino
    Depends. NV allows its debtors to exempt any portion of a tax refund that you receive from the Earned Income Credit. Also, NV offers a sort-of "wildcard" exemption that can be used on any non-exempt asset up to $1000. As long as you have not used the wildcard on any other asset, you can also apply it towards your 2013 tax refund.
    Answer Applies to: Nevada
    Replied: 1/23/2014
    Kirby G. Moss PC | Kirby G. Moss
    If it is large, you likely lose the refund 2013 only. If small i.e. under 1200-1500, you might not lose it.
    Answer Applies to: Indiana
    Replied: 1/23/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you receive a refund it belongs to the bankruptcy estate unless the trustee advises you to keep it. If you receive it you should contact the trustee.
    Answer Applies to: Nevada
    Replied: 1/23/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Maybe yes and maybe no. The general answer is "no". If any part of the tax refund is child tax credit or earned income credit, the Chapter 7 Trustee can not touch that portion of the refund. The balance of the refund is "fair game". If it is under a thousand dollars, the Trustee may not want to full with it because it is too small.
    Answer Applies to: Colorado
    Replied: 1/23/2014
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    Bankruptcy is not tied to whether you will receive a tax refund or not. However, what is tied to your refund is that it is an asset of the estate, and unless an exemption exists to protect some or all the refund, the trustee is entitled to a portion of that refund. Also, if you owe federal taxes or child support, the refund may be taken by the government to fulfill that obligation.
    Answer Applies to: Idaho
    Replied: 1/23/2014
    David Andersen & Associates PC | Jeremy Shephard
    Filing bankruptcy shouldn't stop you from receiving a refund. Being able to keep the refund depends on whether the 2013 taxes were exempted or not.
    Answer Applies to: Michigan
    Replied: 1/23/2014
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    The right to receive a tax refund is an asset that can be claimed by the chapter 7 trustee. You may have a personal property exemption that might protect the refund. Also, an earned income credit refund is exempt from creditors.
    Answer Applies to: Florida
    Replied: 1/23/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    I have no idea how large your tax refund will be. IF you filed a Chapter 13 case, then yes I would imagine that you will retain it. Do you live in Pennsylvania? If so, then in my practice, it's usually not an issue if you have sufficient wild-card exemption amounts to use to protect the refund. Most people that I represent do have enough, so it's not usually an issue. But I'd want to know how much your refund is expected to be.
    Answer Applies to: Pennsylvania
    Replied: 1/23/2014
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