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Chapter 7 discharged and taxes are file and the trustee advised me I have to give him my tax refund.

Indianapolis, IN |

Do I have to give both state and federal tax returns ? Or just federal to the bk trustee?

Attorney Answers 4


  1. Usually the trustee requests both tax refunds. Unless your state has a specific exemption they are probably entitled to both. You must show the trustee both federal and state returns for the last two years of filing.

    These statements do not constitute legal advice. They are meant to be general in nature, for any specific legal questions you should always seek the counsel of an experienced attorney.


  2. As the other attorney astutely noted, unless you have an exemption that protects the returns, you are at risk of losing both tax returns.

    Seek local legal counsel.

    Good luck.

    Jim Webster
    www.arizonabankruptcyatty.com

    1845 S. Dobson Rd. Ste 201
    Mesa, AZ 85202

    (480) 464-4667
    Jim@jpwlegal.com

    We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

    If you live in Arizona, please contact me for actual advice; this is just speculation. It certainly is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a idea of what you might do and how it may turn out.


  3. Both, unless you claimed one or the other as exempt under your state's laws at the time you filed your bankruptcy.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).


  4. The answer to your question depends on 1) what exemption is available to you 2) did you take the proper exemption(s) 3) what exactly is the trustee asking for

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.