If my tax debt is determined to be discharable...

[sjr1]

... will I get my tax refund and stimulus payment refunded to me? I have tax debt from 2002/2003 and since I didn't file for those years until 2006, my attorney says the tax debt will most likely be discharged.

When I filed my 2007 tax returns, I had state and federal refunds, and both were intercepted to pay down these debts. I believe my stimulus payment was also intercepted.

Once everything is discharged, will the IRS/State send refund my refunds?

[banrupt2008]

Not likely... tax debts are VERY difficult to have discharged.

[biotechsolution]

If you filed the returns April 15, 2006 and you didn't file your bankruptcy petition before April 15, 2008 your taxes could be dischargeable.

But if you filed your 2007 return on or before the date you filed your bankruptcy petition you won't get a refund because those taxes wouldn't have been dischargeable until you filed you bankruptcy petition.

So you won't get a refund. If you're still waiting on the stimulus check you should get it.