How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I recently filed bankruptcy, old taxes were included. My trustee

Customer Question

I recently filed bankruptcy, old taxes were included. My trustee said to make certain a "form" or the IRS would continue to intercept my refund. What form am I needing? I have checked with the IRS...they say they don't know.
Thank you
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
Did the trustee say the form had to be sent to the IRS, or filed with the Bankruptcy court?
Customer: replied 5 years ago.
he did not say, he just said without it the irs would intercept
Expert:  cfortunato replied 5 years ago.

You have to make sure the IRS receives a copy of the Notice of Chapter 7 Bankruptcy Filing - which is the form you received when your Bankruptcy was originally filed.

However, the Bankruptcy court sends a copy to the IRS, so you should call the IRS to make sure they received the copy. If they did receive it, you do not have to send another one.

I think this is what you wanted to know. If not, please let me know.
Thank you.



Customer: replied 5 years ago.


the irs has a copy of my bankruptcy. The trustee states if I don't file an additional form they will still intercept my federal and state taxes.

Expert:  cfortunato replied 5 years ago.
Do you know if the IRS placed a lien on your income tax refund?
Customer: replied 5 years ago.


Expert:  cfortunato replied 5 years ago.

Then you have to file a "522(f) motion" with the Bankrutpcy court. This is a motion that is necessary to remove a lien once it is placed on any assets - including income tax refunds. You should be able to get the necessary forms and instructions for this from the clerk at the Bankrutpctcy court.

Customer: replied 5 years ago.
thank you very much. i will do that right away.
Expert:  cfortunato replied 5 years ago.
You're welcome!