How much of my tax refund can the trustee withhold?

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How much of my tax refund can the trustee withhold?

I filed for bankruptcy about a year ago. At the time I filed the trustee wouldn’t give me a discharge until he saw my tax return for this year. So now that it is tax time, how much of my refund can the trustee take? Is it prorated for part of last year or can he take the whole refund?

Asked on April 6, 2012 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Without knowing what type of bankruptcy that you filed for protection under (Chapter 7 or a chapter 13) it is difficult for me to give you an opinion as to the percentage of your tax return that the bankruptcy trustee will allow you to retain versu what percentage may be used to pay creditors.

Typically one's tax return is pro-rated as of the time of the filing of bankruptcy protection where the debtor would get the amount of refund allowed post bankruptcy filing per withholding and the amount withheld before the filing could very well be withheld by the trustee.

I suggest that you simply speak with the trustee as to how much of your refund you are getting back in hand from your taxes. He or she will have the answer.


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