Curious to know this. We filed June 23rd, disharged Sept 30th and are still waiting for our case to close. They are taking our tax refund for 2008, can they take our tax return next year too for 2009 since our case is still open now? Thanks!
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Chapter 7, once
Chapter 13, every year you are in the plan. -
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I was under the impression that the trustee could take any tax refund that was for a period before the day you filed.
I filed on Feb 3 and I haven't filed my taxes yet for 2008, so they could take '08 refund if I couldn't exempt it. Also, when I file taxes next year for 2009, 1 month of the refund is for January, which is before my filing date. So, technically, they could take 1/12 of my 2009 refund. I'm pretty sure there are people who have been hit twice.
For your situation, they can only touch 2008. They weren't able to take 2007 because you had already spent any return you had before you filed for bankruptcy, and 2009 doesn't count because it was after your filing date.Comment
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Thanks...that was a great clarification. I read an old post on here from 2007 that had approximate calculations of how much the trustee will take. We were due $6700 in our tax return and we filed chapter 7 BK on June 23 08. So he will take 6/12 of that?? If so, maybe that means will still get back around $3000...I won't hold my breath, but that would be better than nothing!Originally posted by JoeBankrupt33 View Post
Anyone know if it's true that the trustee can't take child tax credit? We have two children...just curious! Thanks.
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Also, how long after the trustee took the refund did it take for he/she to disperse it and give you your portion (those of you that this has happened to)? Thanks again for the great answers!Comment
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