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Anonymous
Anonymous asked in Business & FinanceTaxesUnited States · 10 months ago

I just filed a ch 13 bankruptcy in April on unpaid taxes from previous years to avoid a levy.....?

What I want to know is will my 2019, $1500+ tax refund be exempt from going towards my previous year taxes I filed the ch13 bankruptcy on.

(Hope that made sense.)

9 Answers

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  • 10 months ago
    Favorite Answer

    You need to be asking your trustee. That person has information none of us here have.

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  • Anonymous
    10 months ago

    No................

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  • Anonymous
    10 months ago

    Poster did not say he or she was avoiding the tax this way but just repaying in a 13 so the pay check, bank account etc would not be taken or levied. Absolutely possible. IF you are and continue to make your payments to the Trustee the IRS will leave you alone and the Trustee will determine in your "plan" if the tax refund is to be paid to the Trustee or to can receive your refund. DEPENDS ON MANY FACTORS THAT WE DO NOT EVEN KNOW ABOUT.

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  • Judy
    Lv 7
    10 months ago

    What years do you have back taxes for? That refund is likely gone.

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  • Eva
    Lv 7
    10 months ago

    If you filed your taxes after the bankruptcy you have send any of the excess over $1500 to your bankruptcy trustee. It will be the same every year until the bankruptcy is discharged.

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  • 10 months ago

    If your attorney designated it as an exempt asset it would be. Alternatively, change your W-4 so that you get the $1,500 in your paycheck now and the refund becomes a non-issue.

  • M
    Lv 6
    10 months ago

    Yes of course there going to keep it, the State too if you owe them.

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  • 10 months ago

    Ask your bankruptcy lawyer. To my knowledge, taxes are not dischargable by bankruptcy. They are considered a priority debt and must be paid, through a repayment plan. If they are not paid off by 2019 tax time, then you won't get a refund that you would otherwise be entitled to, unless you are owed more than what you owe in your past debt.

    Source(s): Certified Paralegal, with 25+ years' experience.
  • Anonymous
    10 months ago

    you ALWAYS have to pay the tax .

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