My bankruptcy was filed march 20 , 2012 and discharged August 20 , 2012 . I was told that my 2011 was subject to be taken by the Trustee . I think I may get a small refund for 2012 filing is this refund subject for surrender to Trustee SA well ?
You need (and needed) to ask your lawyer. You don't say if your case is still open, how much you received or expect in refunds, how you planned your exemptions, whether you disclosed the refunds, etc. All we can do is guess, or say "maybe."
Family Law Attorney
Probably not. Did he/she ask you to send him/her copies of your 2012 tax returns? If not, I would not worry about it. BUT, pass this question by your attorney.
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Ask your attorney. If you did not have one, then the answer is "maybe". There is a Self-Help Center at the Bankruptcy Court. You might make an appointment to talk to one of the volunteer attorneys.
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Divorce / Separation Lawyer
Your trustee should already have your 2011 tax returns. I presume from what you are saying that you filed your 2011 taxes after you filed BK. If so that was an issue that should have been considered prior to filing. As for your 2012 taxes, you have to submit them to the trustee. Depending on the amount of the refund the trustee might ask for his/her portion of those returns.
As the other attorneys recommended, speak with your bankruptcy attorney. There are a few issues to this. (1) A portion of the year had already occurred, so the bankruptcy estate includes a percentage of your refund. March 20 was the 80th day of the year, and there were 366 days last year (it was leap year), so the estate has a claim for 80/366 of your refund, or about 22%.
(2) If the trustee took your 2011 refund, then the Trustee has already made the determination that a reasonable distribution will occur. This makes it more likely the Trustee will want 22% of 2012's refund. (3) The trustee may have issued a report of no distribution, and this makes it less likely that the Trustee will ask for copies of your 2012 returns. (4) The case may also be closed, making it less likely as well. However, as to (3) and (4), the Trustee has the power to require you to produce the return even if the case is closed and/or the Trustee already issued the report. If the Trustee requests the copy, provide it. And if the Trustee requires you to turn over the Refund, you need to do so. Even then, the Trustee is only entitled to 22% and should refund the rest to you.
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