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 JoeLawyer Your Own Question
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
Type Your Bankruptcy Law Question Here...
JoeLawyer is online now
A new question is answered every 9 seconds

What does this mean I understand my tax refund will go to the

This answer was rated:

What does this mean I understand my tax refund will go to the trustee during the life of my bankruptcy even the following year?
It depends on whether you are filing Chapter 7 or Chapter 13, and even then there are differences depending on which jurisdiction you are in, and sometimes even which trustee you get within a division.

In Chapter 7, the court generally just takes one year's tax refund checks, unless you have multiple years of tax returns that are unfiled, in which case the court makes you file all the un-filed tax returns and then the court can take all of the tax refunds from those years too.

But normally, the court just takes one year of tax refunds. So, if you file Chapter 7 bankruptcy in 2012, the court will usually only take all or a portion of your 2013 tax refunds. The court will ignore 2014 tax refunds and all refunds thereafter, so you do not lose those.

In Chapter 13, the court can take a portion of all tax refunds you receive during the 3 to 5 year life of your Chapter 13 Plan. Some courts take all, some take half, and some take none, depending on the trustee and judge in your jurisdiction.


LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
JoeLawyer and other Bankruptcy Law Specialists are ready to help you