Anyone know about tax refund filed in bankruptcy?
Date: Tue, 02/20/2007 - 08:20
Anyone know about tax refund filed in bankruptcy?
Any help would be greatly appreciated.
If you go for chapter 7 bankruptcy, the tax returns are discharg
If you go for chapter 7 bankruptcy, the tax returns are discharged and if you consider chapter 13, a repayment plan will be fixed for you. Under the new bankruptcy laws, not all tax debts are dischargeable.
The tax debts are dischargeable in chapter 7 and 13 bankruptcies, provided they meet the following criteria. The bankruptcy petitioner will evaluate your tax debts under the following conditions.
- The due date of filing tax return should be at least somewhere more than three years.
- You should have filed the tax return at least two years ago.
- The date of assessment should be 240 days old.
- Your tax return should be no way fraudulent
- And you should not be proven guilty of tax evasion.
The RAL generally uses the tax refund itself as security for the
The RAL generally uses the tax refund itself as security for the loan (just like a car-note uses the car as collateral).
Your sister can include the RAL in a bankruptcy filing; however she shouldn't expect to get her refund back. Kind of like "you don't get a free car by going bankrupt on your carnote" ... the tax preparer has a security interest in the refund and will be able to keep it if she doesn't reaffirm.
Also keep in mind that you cannot discharge a debt incurred within 90 days of the bankruptcy filing.