Legal Question in Bankruptcy in Florida

Notifying Bankruptcy caseworker of taxes being paid

I will be discharged from bankruptcy by the middle of next week. I have yet to file my taxes for 2005 and am wondering if I still have to notify the courts of money that will be paid to me after being discharged and why.


Asked on 3/07/06, 5:15 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Notifying Bankruptcy caseworker of taxes being paid

Yes. the refund is an asset of the estate.

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Answered on 3/08/06, 3:51 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Notifying Bankruptcy caseworker of taxes being paid

Maybe. That is a question for your bankruptcy lawyer, who will know the status of the case, timing, and what the scehdules reflect. As for "why," (if you need to amend), it is because your right to a refund is property of your estate that you may or may not be entitled to exempt or retain. Check with your lawyer.

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Answered on 3/07/06, 5:52 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Notifying Bankruptcy caseworker of taxes being paid

There is no such thing as a bankruptcy caseworker. There is a Trustee, who works for the Justice Department. If you falsely stated in your schedules that you were not due a refund and you were, you may have committed perjury. Your lawyer is whom you paid to handle your case, so speak to him right away to determine what, if anything, you should do.

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Answered on 3/07/06, 8:17 pm


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