Legal Question in Bankruptcy in California

Bankruptcy and tax refund

I live in the state of CA. My bankruptcy is almost over the 26th of February was the last day for any creditor to file a protest or dispute. I was told my next step is to recieve my discharge date. I haven't processed my tax return yet but I know that I have about $4000 coming back is it safe to file it now or should I wait until after my discharge date? When will it be safe?


Asked on 2/27/08, 10:58 am

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Bankruptcy and tax refund

Any tax refund is part of the bankruptcy estate as any entitlement you may now have to receive any refund is for a period during 2007 (not WHEN you file for it) and it makes no difference when you file in 2008, as the trustee should legally receive any refund monies.

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Answered on 2/27/08, 4:16 pm


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