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Filed Chapter 7. How will I know if I get to keep my income taxes? If so, am I intitled to 50% if going through divorce.

Mesa, AZ |
Filed under: Chapter 7 bankruptcy

Filed chapter 7 bankruptcy in Phoenix, AZ. We were told that we may not recieve our taxes. We had to send a copy to the bankruptcy court. How will we know if we get to keep them. Does the bankruptcy court automatically intercept them or do we have to send the money in, if we recieve it. Im also going through a divorce. Am I entitled to half in Arizona if we filed jointly?

Attorney Answers 3

Posted

Well, here's what an attorney would need to know to give you an educated guess. How much was the refund? When did you file the bankruptcy? Did you claim an exemption for any part of the refund, and if so, how much?

Once you provide that information, the rest of the answer would depend on the discretion of your bankruptcy trustee. Hope this perspective helps!

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Posted

The refund was a little over $2000.00. Bankruptcy was discharged on March 1, 2013. Did not claim any exemption on any part of refund. Spouse filed divorce in Nov. 2012

Posted

I am going to assume you did not use a bankruptcy attorney. That is unfortunate because they could have helped you file your bankruptcy after you received the refunds and spent the money. But, as to your questions - the trustee has a right to a percentage of the refunds. The percentage is based on when you filed your bankruptcy. The fact that you are filing for divorce does not change your obligations to your bankruptcy trustee.

So - if you have a bankruptcy attorney please talk to them. If you do not have an attorney then make an appointment with the Self-Help Center at the Arizona Bankruptcy Court.

My best to you.

This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.

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Posted

The question is how you listed the refund on your schedule. Talk to a bankruptcy lawyer. Divorce probably has no impact.

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Posted

I recieved my answer through the bankruptcy court. The Trustee is getting a percentage of the refund. However, the other part of the refund is going to my soon to be ex's acct. My question still remains. Am I entitled to half of the refund that is not going to the trustee if my spouse filed jointly?

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