Chapter 7 bankruptcy 2019, now what ?

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  • #4331784

    I filed chapter 7 this year with over 50K in medical bills. What happens this next tax season, 2020? I usually get a thousand dollar federal refund. Will I still get it or would the government keep it? I asked at my attorney’s office and they just told me to file as I normally do. Any ideas what happens the tax year after bankruptcy?
    Any info would be appreciated!

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  • #4364125


    That might be a little tricky, I am under a bankruptcy myself and depends on when you filed you case it might effect the tax refund.

    Do you owe any previous tax debts?
    The trustee might garnish it for unsecure debts
    Did you attorney make sure your tax refund is protected?
    Any post petition refunds past your initial filing date is protected as its post filing taxes.

    Check with your attorney to be safe



    We just got a DDD, bankruptcy did not affect it. Thanks for your replies.



    We were discharged in October.
    Thanks for your replies!



    Filing bankruptcy has nothing to do with your taxes, is the bankruptcy complete, did you get the discharge? I’m pretty sure They won’t take tour refund to repay the debts!



    Thanks for your replies. I will post what happens. We do not owe any state or federal money. Hopefully our refund is not affected by the bankruptcy.


    Jennifer Starr

    We filled Chapter 7 Bankruptcy in Feb 2016, discharged in May 2016, when we filed the following year, we had no issues, got our full refund, no delays. You must, however, make sure there are no state or federal monies (ie student loans) or back due federal or state taxes that were on hold during your filing. There are very specific circumstances that those things can be filed on. While a Government agency cannot collect on you during the filing practice, if the debt doesn’t fall in to one of those specific circumstances, they can, and will, collect after discharge. My BIL and his wife filed Chapter 13 and had to request to keep their tax refund every year before filing. If it was straight Chapter 7, and all debts were medical, you shouldn’t have a problem.



    The year I file chapter 7 that tax season I got all my money back but it was delayed for about 2 weeks no big deal I got the first week in March but I am a pather


    Stacy C.

    If it’s been discharged, you will receive it.



    I filed chapter 7 in August 2018 and was discharged in December 2018. Filed my taxes in Jan and received full refund.

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