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.

Related Topics:
3 Lawyer Answers

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

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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.