Tucson, AZ asked in Bankruptcy for Arizona

Q: I filed a Chapter 7 in May of 2018, after my 2017 return was spent on reasonable things. Can the trustee ask for tax

returns that I file for in 2019? What would happen if I didn't pay them? I am considered a low-income family.

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3 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You may have to provide your 2018 returns but it’s unlikely that you will have to turn over your tax refund.

1 user found this answer helpful

Douglas Edmunds
Douglas Edmunds
Answered
  • Bankruptcy Lawyer
  • Gilbert, AZ
  • Licensed in Arizona

A: If your case is still open, it is possible that you will have to turn over a portion of your return. The amount would likely be 5/12 of the refund you receive because you filed in May. If you have any attorney, they can assist you in determining how best to handle this. Ultimately, if your trustee demanded payment and you refused, it is possible that they could revoke your discharge.

1 user found this answer helpful

Diane L. Drain
Diane L. Drain
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It depends on the trustee. The trustee has a right to a portion of the 2018 refunds - depends on when you filed your case. For instance if you filed half way through 2018 then the trustee has a right to half of the federal and state refunds. If they requested a copy of your 2018 federal and state returns you need to provide them. If not then you do not, unless they later make the request.

There is a Self-Help Center at the Arizona Bankruptcy Court so, assuming you do not have an attorney, you might make an appointment to talk to one of the volunteer attorneys.

I hope this information is helpful.

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