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Established Member
Posts: 32
Registered: ‎03-06-2007
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tax returns

I am getting ready to file either 7 or 13. Should I go ahead and file my taxes now or can that be done after  I start the process? Is the court entitled to any of it if  file before?
Established Contributor
Posts: 543
Registered: ‎01-24-2008
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Re: tax returns

Kind of danged if you do and danged if you don't
If you do file the court will either want the money if you file 13 or want to know where every penny of it went if you used it.
If you don't file they will order that your refund be applied to your trustee of your 13.
For a 7 it is a 50 50 chance that you will get it back, if the judge orders it to be applied they take it if not and it is never talked about then chances are they won't take it.
DH is waiting on the direct deposit of his now so we will see if the judge ordered it or not.
Established Contributor
Posts: 508
Registered: ‎04-10-2007
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Re: tax returns

I agree....your gonna lose it no matter what. I live KS (go wildcats!) and at least here they allow you to keep 500.00 of your tax return and the rest goes to the trustee. In my case we would get quite a bit back from federal but would always owe state- so our trustee would give us our 500.00 plus enough to pay state and then keep the rest. You are required to send a copy of tax returns to trustee within two weeks of filing or they will hunt you down in a hurry. Good luck.
Established Contributor
Posts: 565
Registered: ‎05-01-2007
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Re: tax returns

By the us bankruptcy law you have to disclose all income and other money that you may be receiving including a tax refund. The best thing to do is contact your attorney.
New Contributor
Posts: 73
Registered: ‎10-06-2007
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Re: tax returns

[ Edited ]
My tax return information was never figured into my Ch13. I also continued to get my full returns during the 3+ years under BK (sure helped out financially to, that Ch13 payment each month was steep).

Maybe laws have changed or are different in each state tho.

Message Edited by DillPickel on 02-11-2008 09:37 PM
This site is M$NEY......Ch13 discharge Sept '07
10/8/07 TU: 602 - EQ: 637 - EX: 651
12/24/08 TU: 696 - EQ: 707 - EX: 716
Regular Contributor
Posts: 129
Registered: ‎09-27-2007
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Re: tax returns

I was in a CH13 and paid by money order directly to the trustee every month for 2 years.
They never took my tax refund or any portion of it.
New Visitor
Posts: 1
Registered: ‎02-14-2008
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Re: tax returns

When I filed my Ch 7 in Dec 05, my attorney informed me that before he actually filed the BK with the courts, that my 05 taxes had to be filed. I had to include copies of my 04 & 05 tax returns with my other paperwork listing all debts and assets. I would definitely consult your attorney. The BK laws have gotten a lot tougher and if you are caught trying to cheat the system there are much stiffer penalties.
Good luck!

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