income tax refund while in ch 13

[papa0881]

will the irs keep your income tax refund check while in ch 13? i will finally be getting one back this year but not sure because i am in ch 13 and irs was on my claim.

[Flamingo]

will the irs keep your income tax refund check while in ch 13? i will finally be getting one back this year but not sure because i am in ch 13 and irs was on my claim.

The taxes pwed you included in your Chapter 13 were not for the year 2007. I am sure they were for a prior year. Since those taxes are included in your bankruptcy for those prior year(s), the IRS cannot take the refund for 2007 and apply it to those taxes due to the Chapter 13. If the Chapter 13 wasn't in place and you owed back taxes, they would certainly keep the refund and apply it. However, depending upon the amount of your refund, your Trustee may want those funds to distribute to the creditors in your Chapter 13 since it is income received during your Plan over and above the amount stated when you filed. Have you advised your attorney you are receiving a refund and the amount?

[helpless]

We had back taxes added into our Ch 13 plan as well, for the last two years there has been a delay getting our refunds from the IRS, but we always eventually got them. It just had to go through the system. We have paid all of our back taxes now and we only owe the IRS $45 on the unsecured claim. I wish that my trustee would just pay that $45dollars to the IRS so that I could get my return back without jumping through hoops. I am going to wait until April to file taxes in the hope that the $45 will be paid by then. Good luck.

[papa0881]

we have our own cpa but i thought about going to H&R block and see if i could get the anticipation loan thing..... would this matter because all of me rear tax payments were on my ch 13 and i am current on all other tax's attorney did not seem to worried that i would receive a refund back. we also have a child tax credit this year to, lets pop more kids out all of us lol

[MajorMike]

We make sure we don't have a refund check, or if so, a very small one. There is a calculator somewhere online where you can figure that out.

[qwertysue]

we have our own cpa but i thought about going to H&R block and see if i could get the anticipation loan thing..... would this matter because all of me rear tax payments were on my ch 13 and i am current on all other tax's attorney did not seem to worried that i would receive a refund back. we also have a child tax credit this year to, lets pop more kids out all of us lol

Keep in mind that an anticipation loan is still a loan, and is still considered a new debt, which is not allowed while in BK without the trustee's permission.

[papa0881]

i dont see how it really is a loan when you have the money right away. i think that is patehtic. i imagine i would be able to do the rapid refund as they call it anticipation loan.

[qwertysue]

i dont see how it really is a loan when you have the money right away. i think that is patehtic. i imagine i would be able to do the rapid refund as they call it anticipation loan.

It IS a loan, a high interest rate, short term loan that is secured by your anticipated return.

[nojusticehere]

I found this link about tax refunds:

http://www.************************/...le-bankruptcy/

[papa0881]

my wife and i filed taxs seperately, and i am the only one who filed bk