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will they want my tax refund?

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    will they want my tax refund?

    im planning to file 1st week of december.

    will they want my tax refund? will it matter if i wait to file my 2010 taxes until as late as possible?

    #2
    Hi wendyfou,

    Depends on the amount of refund. Technically the BK trustee is entitled to 11/12ths of the refund if you file Dec 1......

    BUT....if the amount is too small it won't be worth the trouble and they will let it go

    OR....you can use your exemptions to protect the refund

    Different trustees in different districts treat tax refunds differently, some really go after them, some not so much. The best bet is to have it protected with an exemption. Check your states exemptions, here in Colo some parts (ie: EIC) of the refund are exempt, some states have a wildcard exemption you can use, some have an exemption for cash.

    Good luck w/ your filing!

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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      #3
      It does depend on the amount and the Trustee.

      Try to exempt it.
      I may be smarter than an attorney, but I'm not one. No legal advice here, people.
      Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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        #4
        Easy pickens for the trustee...I had an Obama surprise last year, super duty increase in tuition credits for my kids, man that was unexpected. I filed in August, gave up 8/12 to the trustee.

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