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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am thinking of filing for bankruptcy in Kansas and have found

Resolved Question:

I am thinking of filing for bankruptcy in Kansas and have found this out:


"Your federal and state income tax refunds are property of the bankruptcy estate when you file bankruptcy in Kansas. That is true for all refunds you are entitled to receive on the date your bankruptcy is filed, which includes the refunds for the year you filed that you will not receive until the following spring.

Example: You file bankruptcy in January 2009. The tax refunds for 2008 you will receive in 2009 belong to the bankruptcy trustee. The trustee also will be entitled to a pro rata share of the 2009 refund you receive in 2010."



*What does that mean? I know that I would fork over my 2009 returns in this example. But how much of the 2010? What does pro rata mean?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.
Hi JACustomer,
The pro rata share of the 2010 tax refund (to be received in 2011) would be the proportion of that refund based on the number of weeks that have already gone by in 2010 before the Bankruptcy is filed. To avoid having to turn over a pro rata share of one's income tax refund, a Bankruptcy filer can arrange with his employer to have less income taxes withheld from his paycheck.

I think this is what you wanted to know. If not, please let me know.
Thank you.
Customer: replied 2 years ago.
One more question....I would like to be able to get a job as a waitress or cashier and was wondering how hard would it be to get a job like this, or a job in general, after filing. I know a lot of companies to credit checks, but would they be more concerned about debts still owed or in collections as oppose to a bankruptcy where one is out of debt? My debts are due to medical bills associated with my MS, and not due to bad spending habits.
Expert:  cfortunato replied 2 years ago.

Employers are forbidden - by the Bankruptcy Code - to not hire someone because that person has filed a Bankruptcy. Bankruptcy Stat. 525.

Aside from this prohibition, it is true that an employer would be more concerned about debts that are delinquent than a Bankruptcy, as delinquent debt means the creditor can get a judgment, which can be used to garnish the employee's wages. Employers generally do not like to garnish wages - as it is time consuming.

Customer: replied 2 years ago.
I know that they are forbidden to discriminate agaisnt a person with a bankruptcy, however they probably could easily get around that by saying they are pursing more qualified people or some other suff as i have read some horror stories online....but in your experience, in reality, how hard is it to get a job after a recently filed bankruptcy?
Expert:  cfortunato replied 2 years ago.

A lot of customers ask that question, and the answer is it is actually not possible to know whether employers base employment decisions on whether someone has filed a Bankruptcy, even if they do, as they are not going to admit this.

However, if I were am employer, I would prefer to hire someone who was insightful enough to file a Bankruptcy, to take care of their financial affairs, than someone who had debts they are not doing about.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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