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I filed chapter 7 last year it has not been discharged yet. I still owe 2011 income taxes to state and Federal. I get a refund

Jerome, ID |

this year who gets the refund, the bankruptcy trustee or the state and fed tax commission

Attorney Answers 3


  1. If you are entitled to get the tax refund this year, it will either be sent to you or IRS may credit it toward the 2011 taxes you owe.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012


  2. I respectfully disagree with Ms. Kalra. If you still owe for 2011, any refund available for 2012 will be applied first to that obligation. Any net refund will be subject to the claim of the Trustee on behalf of your creditors. The bankruptcy estate claim is a prorated share measured by the number of days in 2012 that had elapsed when you filed your bankruptcy petition. If you filed on October 1, the Trustee is entitled to a 75% share. In the event that the estate's share is below a certain point and there are no other assets to administer, the Trustee may release his claim to any of the refund.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  3. I wish you would have given us the figures. You will not receive your refund if you owe for prior year. If you do receive any of your refund the BK trustee MAY take it, depending upon what exemptions are available to you.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.