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Income Tax Refunds In Bankruptcy

By Kurt O'Keefe, Attorney at Law

The answer to the question:

What happens to my tax refund if I file bankruptcy is:

it depends.

Tax refunds received, after you file your case, have to be paid to the Chapter 13 bankruptcy trustee, at least in

the 6th Circuit, which covers Michigan, Ohio, Indiana and Kentucky, because the U. S. Court of Appeals said so.

OK, there are ways to get out of that, but it is basically true.

It is possible to get bankruptcy court approval to allow you to spend the tax refund on something, but you have to file a motion and get that approval in a court order.

For Chapter 7 bankruptcy cases,

Tax refunds are calculated to accrue 1/12th every month.

So, if you file Chapter 7 bankruptcy six months into the year, July 1, half your tax refund for that year already exists.

As opposed to saying the first 9 or 10 months of your tax payments go to pay your liability, and the last 2 or 3 months are the refund.

Accrued tax refunds must be listed as an asset and claimed exempt if you want to keep it.

Otherwise, the Chapter 7 trustee can take it.

Which exemptions you can claim depend on what state you live in.

Many courts have held that if you leave off an asset, such as a tax refund, you cannot amend later to keep it from the trustee, even though the Bankruptcy Code says the debtor has a right to amend the bankruptcy schedules at any time.

If you file any time other than January 1, and have not received your tax refund for the previous year, or years, that yet to be paid refund is an asset that must be listed, and claimed exempt, or you may lose it to the trustee.

Income Tax Refunds In Bankruptcy

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Full post as published by Bankruptcy Law Network on February 06, 2011 (boomark / email).