back taxes included in chapter7

[Anonymous]

I included past due federal and state taxes which met all guidelines to be discharged, according to my attorney, however I filed a month after discharge and they kept my federal refund, has anyone had this happen or had success getting it back?

[StartingOver10]

Get in touch with your attorney right away. If your back taxes met the guidelines, then I don't see how the IRS could step in, but your attorney is the person to speak to immediately.

My concern with your statement is this:  You said you filed your tax return after Bk. Normally you would have had to have the tax return filed 2 years prior to your Bk. If you filed 2013 taxes than they would not be eligible for discharge. However, it is possible that the trustee would have taken the tax refund. Clarify with your attorney as to which taxes were discharged and which were not.

In order to discharge income tax debt it must meet certain criteria. To see the criteria, read this link below.

  http://www.nolo.com/legal-encyclopedia/bankruptcy-tax-debts-eliminating-29550.html

You might want to pull up your Bk filing and discharge file with PACER.gov so you have everything in front of you before you contact your attorney.

[TRC_WA]

I had a $750 federal tax debt when I filed Ch 13 in 2009.

The IRS had a "priority claim" and were on top of my list of creditors. The IRS got 100% of the balance due and were paid before anyone else... Including the trustee and my attorney.

Is anyone surprised? LOL

[Anonymous]

You actually had an attorney that did NOT require a cash payment up front? Thats unusual...

Edit - just noticed you did a Ch 13.... Thats probably the diff. I know virtually all Ch 7 attorneys require up front payment.