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tax refunds pro-rated?

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    tax refunds pro-rated?

    Ok I heard depending on what month you file bankruptcy the trustee can take portion of the refund based on it being pro rated. I don't understand how they prorate it. If you file in June for example, what part will be taken if refund is available?

    #2
    The part from Jan. 1 until the date you file is part of the BK estate and can be claimed by the trustee. BUT I understand that this just applies to actual income taxes refunded, not EIC. I'm not 100% about the child tax credit, but I don't believe that could be taken either. Filing right now, about 9 1/3 months have passed, or roughly 78% of the year.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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