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Do I have to pay my state income tax refund to my trustee?

Ogden, UT |

I am in Chapter 13 bankruptcy and just recently got divorced. The judge has us paying the bankruptcy so she can keep the house for the children. I was living in Florida which has no state taxes and moved to a state with taxes. Do I have to send any refund for state taxes to the Florida trustee or do I get to keep them?

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Attorney answers 3


What does your plan say? Each district uses different plan terms, so it can be different in one part of Florida than in another. Hope this perspective helps!


I think that if you were/are represented by counsel, that is your source for determining what to do, that person has so much more knowledge of your circumstances than any other person in the world.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: for more information about my services.


This is really a question to be answered by your plan, and by local practice.

If your income stayed the same, and the taxes went up, you might even be eligible for a lower payment.