Legal Question in Bankruptcy in New York

Re: How does a trustee obtain a tax refund

Yes, there is a document that the Trustee should file. Of course, they rarely do in a no-asset CH7.

List the anticipated refund and let the Trustee take the next step. He may not and you may end up with the refund.

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Re: How does a trustee obtain a tax refund

Your case sounds a little involved so I would need to know more but here is a little info. Case law has generally established that a debtor in a bankruptcy case has a duty to accurately list expected tax refunds. When the refunds come in, even if after discharge, they become property of the bankruptcy estate and the trustee may take them to pay creditors. The trustee can re-open a case to make a claim for tax refunds after your discharge. Keep in mind that an individual could commit a type of bankruptcy fraud by overpaying taxes, filing bankruptcy, get a discharge and then recive a large tax refund free from creditors. In such a case, the bankruptcy estate has a claim to the refund and the trustee can use the refund to pay off creditors. You can always litigate and make your argument in bankruptcy court.