Hyattsville, MD asked in Bankruptcy for Maryland

Q: I have filed a chapter 7 bankruptcy and had my standard discharge and case is now closed. However there is an issue...

Prior to the case closing I had not filed my 2016 taxes. The trustee requested I file them in efforts to retain my refund(if there was one). I owed 2014 taxes and was in a dispute with IRS regarding the amount, so I delayed filing 2016 due to this. Anyway, the draft of my 2016 taxes showed another small balance due- and I submitted that to my trustee. They issued a no distribution and closed my case. However, after a review by an accountant, I was able to get a refund for 2016. Now the IRS wants to send that refund to my trustee -even though my case is closed. Fine. I did not include my 2016 anticipated refund in the petition because I didn't think I would get it back due to the 2014 issue. Now, since I have enough exemptions to cover the refund (if the trustee wanted to keep the refund), should I reopen the case, add the 2016 taxes to the schedules, exempt them and retrieve the refund OR simply the trustee to issue a letter to the IRS allowing them to send me the refund?

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1 Lawyer Answer
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: I think your idea to contact the trustee first and ask them how they want to handle it is appropriate, and makes sense before you do a lot of work reopening the case.

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