Tax Returns

Its tax time, which means I am getting a lot of questions about how to file an income tax return while in a Chapter 13 bankruptcy. The tax return needs to be filed the same way it is always filed, either by mail or electronically. While in a Bankruptcy, though, you can not request a “rapid refund.” This is because any refund has to be sent to the Trustee’s office first for review, and then the Trustee will send the refund to the Debtor. There are a few exceptions to this rule. For example; if the refund is over $2000, the Trustee will generally only send the debtor the first $2000 while applying the remainder to the plan base. If there are taxes owed and listed in the bankruptcy, then the entirety of the refund may be applied to the payment of taxes in the bankruptcy.

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