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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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im currently in a chapter 7, i had some back taxes and the

Resolved Question:

im currently in a chapter 7, i had some back taxes and the irs didnt object to them on my bankruptcy, my question is for my refund for 2010, who gets that? the irs for back taxes or does that go straight to the trustee?

Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

On what date did you file the Bankruptcy?

Customer: replied 6 years ago.
Expert:  cfortunato replied 6 years ago.

I asked the for the date, not the state.

Customer: replied 6 years ago.
sorry my computer was running slow loading, march 2010
Expert:  cfortunato replied 6 years ago.

If the back taxes were listed in the Bankruptcy, the IRS cannot keep your refund for those taxes.

Additionally, if you filed in 2010, the Bankruptcy trustee is only entitled to the refund from tax year 2009, not the refund for tax year 2010 (the upcoming refund). This is because, with a few exceptions that do not apply for your case, the trustee is not entitled to anything the debtor gets after the Bankruptcy is filed.

Customer: replied 6 years ago.
thank you for the answer, one last thing i forgot, $ the 500 in arrears for child support, the irs can deduct that correct to pay that? regardless if you are in chapter 7 correct?

Customer: replied 6 years ago.
one last question, if i filed in 2010 and the trustee put a hold with the irs on my refund for 2009 and i owed $500 in arrears for support, who gets paid first? des or would everything goes to the trustee? this is my last question, just curious
Expert:  cfortunato replied 6 years ago.
The $500 would first go to the trustee, who would then send it to des. (I'm not sure what des stands for, but am assuming it is the place the support is supposed to go.)
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