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Tax returns and bankruptcy..Will they take my tax return ?

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workingprogress
Regular Contributor

Tax returns and bankruptcy..Will they take my tax return ?

I'm waiting on 2015-2016 taxes. I filed late and filed injured spouse. Looks like its coming to filing bankruptcy. Will they take these from me if i file now ? I should be getting these taxes for to much longer and badly need them.

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cf2701
Regular Contributor

Re: Tax returns and bankruptcy..Will they take my tax return ?

They absolutely could, yes.  Check with your attourny when you discuss filing and be 100% honest about the entire situation.  They will walk you through it all.  It could be that you wait a couple months.

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Anonymous
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Re: Tax returns and bankruptcy..Will they take my tax return ?


@workingprogress wrote:

I'm waiting on 2015-2016 taxes. I filed late and filed injured spouse. Looks like its coming to filing bankruptcy. Will they take these from me if i file now ? I should be getting these taxes for to much longer and badly need them.


It all depends but I would talk with your BK Attorney to discus your situation.

 

For me they told me they could request them but they never asked for them for the 5 years I was in a Chapter 13.  I was also told I could n to file for an extension (though I think I could have if I got it approved first)

Message 3 of 5
JaseT
Established Contributor

Re: Tax returns and bankruptcy..Will they take my tax return ?

The trustee took all of my 2016 tax return, but I filed my BK7 in Dec 2016.


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MakingProgress
Senior Contributor

Re: Tax returns and bankruptcy..Will they take my tax return ?

In my 13 I was allowd to keep the first 2K of any refund and anything over that I had to give to the trustee. 

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