Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi and thank you for your question. In the future, you can request me to answer any further questions.
You file taxes like you normally do.
Did the trustee in your case, or your attorney tell you that you need to turn over your tax refund to the trustee?
This would vary with your trustee, any available exemptions, when you filed the case, and how much refund you receive.
If the trustee or your lawyer did not mention anything about it, then you should be ok, and can keep the refund.
Some jurisdictions will make it cleat that refunds over a certain amount need to be turned in.
If you filed before September, and were not notified about turning it over, you should be fine keeping it.
If you filed later, then I would file taxes like you normally do, and put the refund in the bank, unspent for a few months.
If you have gotten the discharge and your case is closed (you can call the court clerk to confirm) then you can keep the refund too. If the case is open, then you may want to check with your lawyer or the trustee.
Thanks for your question, good luck.
the attorney did not say that i have to turn over anything to the trustee
my case was started in september and confirmed by november
Oh, you are in a chapter 13?
yes I am
the easiest way to find out is to read your confirmed plan and the confirmation order.
any requirement to turn them over would be stated in there.
it does not mention anything
do I have to include the bankruptcy when I file my taxes
I have seen an increase in requests for returns, and refunds over $2500, but not all cases. If your confirmation order doesn't mention it, you should be able to keep it.
There is nothing to do with taxes regarding the bankruptcy.
so there is no deduction or form to fill out
it would not impact your tax filing
thank you I really appreciate your help
my only last question is
as long as I complete the 5 year plan all of my debts are discharged and no creditor is able to make any future claims against myself or my husband
That depends on the claims, the plan etc. so that you should discuss with your attorney
ok thank you
good luck to you
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).