2009 tax return

[tdawg]

I had my lawyer exempt like $3,500 of my 2009 tax return (it will definitely be less than that). I filed in late November and had my 341 just before Christmas, and the Trustee did not say anything about the tax return. If I file for my tax return as soon as I get all my w-2s, will I get it or will the IRS hold on to it until my ch 7 is discharged?

[music12]

if you don't owe the irs any money, they will have to give it to you. if the trustee wants it (which they don't), they ask for it from you, not the irs.

[tdawg]

if you don't owe the irs any money, they will have to give it to you. if the trustee wants it (which they don't), they ask for it from you, not the irs.

Well, I kinda do... The biggest part of the unsecured debt that is going to be discharged is owed to the irs (from almost 10 years ago). So, if I wasn't in a bk, then of course they would keep it all. But since it's being discharged, I dunno if they would give it to me after I file my tax return or wait until after my discharge before they send it to me. I don't think they can keep it because I am using exemptions for it.

[music12]

in that case, i'd file my tax return as late as possible so as to give the IRS time to update their system with your discharge. i would also call the irs before filing it to make sure they have their act together. your attorney who exempted it may also have a suggestion about this, so ask him.

it looks like your 60 days will be up at the end of february. even if you get discharged promptly, i still wouldn't even think of filing the tax return before april 15. if it were me, i'd ask for an extension and file in june. but ask your lawyer.

[CCA1984]

Hello there

Sorry to bring up an older thread and not trying to Hijack it. The reason i ask is because i want to exempt my taxes (roughly 1k-2k) and don't owe the IRS. would that mean i am able to receive my return ? thanks again

[aces67]

Hello there

Sorry to bring up an older thread and not trying to Hijack it. The reason i ask is because i want to exempt my taxes (roughly 1k-2k) and don't owe the IRS. would that mean i am able to receive my return ? thanks again

If you exempt them and owe nothing to the IRS then yes your refund will be yours to keep.

[Bell30656]

Here is a very similar situation... I owed the IRS just under $1000. I filed Ch7 in December 2008. Discharged in March 2009. The trustee said nothing about my return at my 341 in January. I filed my taxes in February electronically. I was totally surprised when my entire refund showed up in my bank account about four weeks later!

Yes, I still owe the IRS the $1000. They will be taking it out this year's return plus about $69 in interest, fees and whatever. *NOTE* I didn't exempt anything having to do with my return, the trustee just never asked about it.