What happens to your tax return after you file bankruptcy? 9 Answers as of February 21, 2011

I filed Chapter 7 bankruptcy in 2010 and now I'm ready to do my taxes. I am wondering if they will they hold my tax return

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
If your exemptions allow in your state you can claim this money but if you have already used your total exemption then the trustee gets the money.
Answer Applies to: Tennessee
Replied: 2/21/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
If your case is closed and you have received your discharge, then any tax refund you may receive is yours.
Answer Applies to: California
Replied: 2/15/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Your tax return must still be filed regardless of whether you file bankruptcy or not. If you are asking what happens to any refunds, that depends on whether you listed and exempted the refund on your bankruptcy papers. You may be able to reopen your case (assuming it is closed) to add that asset and exempt it, depending of course on the amount of the refund, and which state's exemption laws apply in your case. You need to discuss this with your attorney.
Answer Applies to: California
Replied: 2/15/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The IRS will not hold it. If you exempted it, it is yours. Your trustee might inquire about. There is no reason to dely filing your return however.
Answer Applies to: California
Replied: 2/15/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
Not unless you owe back taxes or back child support.
Answer Applies to: Alabama
Replied: 2/15/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Best to exempt it if you file bankruptcy. Trustees are known to go after taking your tax returns away if they are not property exempted.
    Answer Applies to: California
    Replied: 2/15/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No unless you owe money to the IRS or someone else, such as for child support or student loans, that can legally intercept your refund. Your bankruptcy is over if you got your discharge and the case was closed.
    Answer Applies to: California
    Replied: 2/15/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    If you exempted it properly,you will receive your tax return.
    Answer Applies to: California
    Replied: 2/15/2011
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