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I just need to know if its safe to file my tax returns now…

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Hello, I just need to...
Hello, I just need to know if its safe to file my tax returns now or not. I was forced into a bankruptcy last year due to a shady investor that tried to force me into selling him my home the DAY AFTER I BURIED MY HUSBAND, when I was completely out of my mind and still in shock. After paying an attorney $400/hour for almost a year to fight this guy, I finally just had to give up because I was drowning in debt and unable to sell my home due to the LIs Pendens he'd filed.My home was used as an asset in the case, and was sold by the Trustee, and she has since sent me a statement showing what creditors were paid & how much, however I'm worried about filing my tax return, not knowing if the bankruptcy court might still confiscate my return?
Submitted: 1 month ago.Category: Bankruptcy Law
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Answered in 5 days by:
3/14/2018
Bankruptcy Lawyer: Gina-Moderator, Moderator replied 1 month ago
Gina-Moderator
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Customer reply replied 1 month ago
well yes, I was still wondering the same thing.. I received the order for Discharge from my attorney, but I havent received a letter saying that the case is actually closed.. So is it safe to go ahead and file my tax returns? thanks for reaching out
Bankruptcy Lawyer: Andrew, Lawyer replied 1 month ago
Andrew
Andrew, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 311
Experience: Attorney
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Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Bankruptcy Lawyer: Andrew, Lawyer replied 1 month ago

The answer to your question depends on when you filed your bankruptcy.

Year before bankruptcy

Unspent tax refunds go to the estate because the refund is the debtor’s money that was unnecessarily paid to the IRS. It is treated like cash or money in a bank account.

Year of bankruptcy

A tax refund based on income you earned before you file for bankruptcy goes to the estate. However, you can keep part of the refund to the extent that the refund is based on income earned after the filing date.

Tax year after bankruptcy

You keep the full refund

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Bankruptcy Lawyer: Andrew, Lawyer replied 1 month ago

Did you have any other questions? If not please don't forget to rate me. 5 stars is appreciated. Thanks!

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Customer reply replied 1 month ago
thanks so much for your response; so if i filed bankruptcy towards the middle/end of last year (2017)
Bankruptcy Lawyer: Andrew, Lawyer replied 1 month ago

So this is the hardest one to calculate but you potentially could keep part of the refund to the extent that it is based upon income earned after your bankruptcy filing date.

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Customer reply replied 1 month ago
thanks again for your responses - I really appreciate your time
Bankruptcy Lawyer: Andrew, Lawyer replied 1 month ago

If you have no further questions, please remember to leave a favorable rating (5 stars is appreciated). It is the only way that I am credited by JustAnswer for answering your question. Thank you!

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Bankruptcy Lawyer: Andrew, Lawyer replied 1 month ago

Hey please don't forget to rate. If more issues crop up please contact me! Here is the link to my profile:

https://www.justanswer.com/law/expert-expert-andy/?rpt=3800

Ratings are at the top of the page! Good luck!

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