Is it true we all get our income tax when we file after bankruptcy? 9 Answers as of October 29, 2013

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Law Office of Thomas C. Phipps | Thomas C Phipps
No. If you are entitled to a tax refund when you file bankruptcy, the trustee may be able to take it to pay your creditors.
Answer Applies to: Missouri
Replied: 10/29/2013
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
If you file for bankruptcy that bankruptcy trustee has the right to ask for your tax refund check if it is received while your case is opened.
Answer Applies to: Nevada
Replied: 9/17/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If the tax returns are exempt you keep them, if not, then the trustee will seize them.
Answer Applies to: New York
Replied: 9/17/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It is true that "most" people do. Every case is different and it depends on the exemptions available to you, which varies by state.
Answer Applies to: California
Replied: 9/17/2013
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
If you mean is it true that you receive your income tax refund after filing bankruptcy, it depends on when you file and whether you had exemptions to cover your refund. See an attorney in your state to get the details.
Answer Applies to: Wisconsin
Replied: 9/16/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    I'm not sure I understand your question. Any tax refunds (or any portion of a tax refund allocated to the date you file your case) that you are entitled to receive as of the date a bankruptcy case is filed can be claimed by the trustee and used to pay a portion of your debt. If you are asking about refunds that you may be entitled to in future years then it will depend upon whether there are non-dischargeable tax debts toward which they can still be applied. Taxes in bankruptcy are very complicated, and if you have tax issues you are wrestling with you really need to hire a lawyer to assist you.
    Answer Applies to: Colorado
    Replied: 9/17/2013
    Law Offices of David A. Tilem | Michael Avanesian
    Only if the timing is done correctly.
    Answer Applies to: California
    Replied: 9/16/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Sorry but I don't understand the question. Not sure who do you mean when you say "all" and "our income tax"? Are you asking whether an income tax refund can be exempted in a bankruptcy? If so, the answer will depend on how much of a refund you're supposed to get and what other assets you have.
    Answer Applies to: California
    Replied: 9/17/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    No. It depends on how much you can exempt, the timing of the filing, the bankruptcy chapter filed and other things.
    Answer Applies to: New York
    Replied: 9/16/2013
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