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Will the Trustee take my tax 09 refund?

Tucson, AZ |

I filed bankruptsy (7) in April 09 and it was discharged in Sept 09.
Will the Trustee take my tax refund?

Attorney Answers 2


Your tax refund for the 2009 tax year is all yours and totally safe. Here's why:

Your bankruptcy case should be closed and totally over. You already received your discharge and you filed your bankruptcy petition mid-year, when trustee generally do not have a right to go after a tax refund.

The trustee cannot take your tax refund now because you did not become entitled to it until AFTER your bankruptcy was filed.

TAX REFUNDS and BANKRUPTCY -- this is a very important issue at this time of year. I wrote a series of articles on my bankruptcy blog: EVERYTHING YOU NEED TO KNOW ABOUT BANKRUPTCY and TAX REFUNDS. Anyone who has recently filed for bankruptcy, or who is considering filing for bankruptcy, should read this. Some links are below.

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Not likely. The trustee could have argued that part of your refund came from months prior to filing (January - April 2009). If your refunds in the past were large, and you expected this year's refund to be equally large, the trustee might have done something. Given that the trustee took no action and most likely abandoned any interest in your property, it is now all yours. So long as your statements in the petition and at the hearing were truthful, nothing can happen now.

Spend wisely.

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