Q: My refund was captured. How long until I get the money that the estate in not entitled to? Any laws on the timeframes?
Filed bankruptcy April 1 2019. Refund issued Feb 29, 2020 captured by trustee. He's not returning my calls, so I'm curious about how long it may , or usually takes to get the money that the estate isn't entitled to. Is there anything in the statutes that outline this process?
A: The trustee has an obligation to collect all non-exempt assets, which includes tax refunds for the year you filed a bankruptcy. But, only a potion of the refunds. The trustee is not going to return your call if you have an attorney. If you don't - contact the United States Trustee's office and file a complaint (but make sure you called, email or wrote several times before complaining). If you do not have an attorney, we have a Self-Help Center at the Bankruptcy Court - 602-682-4007.
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