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Will i receive my 2008 Tax refund?

Port Richey, FL |

On the 8th of Janruary i attended Bankruptcy court (Meeting of creditors). The trustee said i would receive my discharge papers within 10 weeks. Now my question is not having a lawyer...Will my 2008 return be stopped or taken by creditors? Can they do this? Should i wait till the deadline to file, meaning that the creditors have until March 8th to destest, or wait until i am discharged?

Thank you

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Attorney answers 1


It's always best to have an attorney represent you in bankruptcy court for the very reason of resolving questions of the type you just mentioned.

That being said, your tax refund is probably totally safe and protected. If the trustee wanted to pursue your refund for the benefit of creditors, he surely would have advised you of this at the meeting of creditors.

Since you filed for bankruptcy relief, the bankruptcy stay prevents creditors from taking any action against you, so you do not have to worry about them.

Creditors have 60 days from the date of your meeting of creditors to file objections to discharge if they feel that grounds for fraud exist. As you indicated, that date is March 8. However, filing your tax return has nothing to do with that.

The bottom line is that there is no reason for you to wait to file your tax return. Go ahead and do it. Good luck.

For a library of articles on various aspects of bankruptcy law, practice and procedure, see the link below.

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