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How years do I have to turnover my income tax after bankruptcy?

Las Vegas, NV |

I filed for bankruptcy in October of 2012, but my bankruptcy discharge date was January 2013.

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Attorney answers 5


It is likely the trustee only wants copies of your 2012 tax returns, which you should have mailed to him by now. THEN, depending upon the amount of the refund, he may want most of the refund, so don't spend it until you hear from him. Talk to your BK attorney.

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.


I agree with the above answer. If you can't exempt your tax refund, the trustee will probably want 5/6th of it - the amount earned through October. You should check with your attorney to make sure you can't exempt your tax refunds.


In a Chapter 7, you list any anticipated tax refund as an asset. You can use your wildcard exemption to protect it. If you filed in October 2012, then you would need to list 10/12ths of your 2012 refund as an asset. At the time of the Ch 7 filing you weren't owed anything for a 2013 refund so will not have to worry about that.


If you filed a Chapter 7, you just turn over the one return and the one refund. With proper use of your exemptions, you might not have to give the trustee any of your refund, but until the trustee has the opportunity to review the return itself, the trustee cannot make the decision. A portion of the refund money should be coming back to you even if you didn't exempt it properly, but the trustees in Las Vegas often take a long time to return the money to you. Hope this perspective helps!


The Chapter 7 trustee is entitled to a pro-rated share of the refund during the year you file, and any refunds to which you are entitled at the time of filing--but not any portion from the Earned Income Credit, which is exempt.

If you filed at the beginning of October, about 3/4 of the year had passed, and the trustee would be entitled to about 3/4 of your non-EIC return.

If you still have any of your $1,000 wildcard/z exemption, you could use it to protect part of what would otherwise go to the trustee. Also, the trustees here will not administer under $1,000.