Will I receive my tax refund from 2013 after my bankruptcy was discharged in March 2013? 18 Answers as of February 14, 2014

I filed for chapter 7 bankruptcy in November 2012.

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
The bankruptcy estate is entitled to money, including a tax refund, owing to you on the date your case is filed.
Answer Applies to: Indiana
Replied: 2/14/2014
Law Offices of Linda Rose Fessler | Linda Fessler
The trustee is entitled to it, but I would imagine that you will still receive it.
Answer Applies to: California
Replied: 2/11/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Did the trustee file a "No asset" report? If no, the trustee is entitled to the refund. If the trustee asked for the refund your discharge is not relevant.
Answer Applies to: New York
Replied: 2/5/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Typically the Trustee will have you sign a stipulation at the Creditors' Meeting to turn the refund over to the Trustee. For example, if you filed your BK on November 1st, 10 of the 12 months have gone by. The Trustee can take 10/12's of your refund, or 83% of the refund. If any portion of the refund is Earned Income Credit or Child Tax Credit, the Trustee can not touch that portion of the refund. Lastly, as a practical matter, if the portion the Trustee can take is less than a $1,000, they generally don't want to touch this amount because it is too small for them to fuss with (Trustees works on a 6% commission basis, and they don't like fooling with real small amounts because it is too much paperwork for the return).
Answer Applies to: Colorado
Replied: 2/5/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Your refund for the tax year 2012 is property of the bk estate. Your refund for the tax year 2013 is not. So for the refund you receive in 2014 for 2013 you should be able to keep that.
Answer Applies to: Nevada
Replied: 2/5/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    You should receive your tax refund unless you owe back taxes, child support or student loans.
    Answer Applies to: Arkansas
    Replied: 2/5/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, if you have a discharge and the case is "closed". If the trustee filed an "asset report" that would be a different situation. If such a report was filed you have received a copy.
    Answer Applies to: California
    Replied: 2/5/2014
    Kirby G. Moss PC | Kirby G. Moss
    It would be a very rare situation i.e. an extremely large refund from 2012, that would result in losing part of 2013 refund. The trustee would have contacted you reminding of that as well if it were an issue.
    Answer Applies to: Indiana
    Replied: 2/5/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Assuming your attorney exempted it, you should get it back, It they didn't exempt it, ask why? You may have too any other wild card to exempt.
    Answer Applies to: Michigan
    Replied: 2/5/2014
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    When you filed your case an estimate of your tax refund, (usually based on what you received in 2012), should have been disclosed in schedule B and exempted in Schedule C. If you are able to exempt the refund you can keep it. If you failed to disclose the refund you can still amend schedule b and c to save it if you have wild card exemption available to you after exempting all your other property. If you had home equity that must be exempted through CCP 704 then you will lose the refund. Under CCP 703 you may still have additional wild card exemption that can be applied to the refund.
    Answer Applies to: California
    Replied: 2/5/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You may receive the actual refund check, but you will be required to turn that refund over to your bankruptcy trustee unless you claimed an exemption for it on Schedule C. A small portion of your tax refund will be returned to you equalling about 1/12th of the total amount. Should you try to avoid doing this, you can expect big trouble in the future,
    Answer Applies to: Nevada
    Replied: 2/5/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    Yes you should receive it. I am presuming that you have filed in Pennsylvania and thus can benefit from the fairly generous property exemption laws that we have in bankruptcy cases. You should have already attended your Section 341 Meeting of Creditors and met with the Chapter 7 Trustee. Who told you that you wouldn't receive it? Unless there's some information that I'm not aware of, then you should be entitled to it.
    Answer Applies to: Pennsylvania
    Replied: 2/5/2014
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    As long as the trustee did not direct you to turn over the tax return to the court, you should be able to receive and keep your tax return for 2013.
    Answer Applies to: Texas
    Replied: 2/5/2014
    Law Offices of Marc Weinberg | Marc Weinberg
    Filing bankruptcy has no effect upon when you receive your tax refund. ?The other question is, has it been determined that your refund will be exempt.
    Answer Applies to: California
    Replied: 2/5/2014
    Bushhorn Law Offices | Thomas D. Bushhorn, Esq.
    That would depend upon whether the trustee in your case determined it to be an asset in your bankruptcy. You should contact your bankruptcy attorney.
    Answer Applies to: Indiana
    Replied: 2/5/2014
    Law Office of Mark B. French
    Law Office of Mark B. French | Mark B. French
    You should consult with your attorney as they may have communicated with your Trustee about the refund. Why would you think you would not receive your refund? Do you owe the IRS money? If you filed in November of 2012 then you should have received a discharge and your case should be closed by now. If that is the case then you should be free to receive your refund and use it as you please.
    Answer Applies to: Texas
    Replied: 2/5/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    They will not go after your 2013 tax refund. The trustee only focused on your last tax refund (2012) as a possible asset for the estate.
    Answer Applies to: Ohio
    Replied: 2/5/2014
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