grandmabee Posted April 8, 2011 Report Posted April 8, 2011 any one know off top of head how many years does the IRS take your refund after you file bankruptcy on income taxes. I thought it was 2 years but I can't find it yet Quote
jainen Posted April 8, 2011 Report Posted April 8, 2011 >>how many years does the IRS take your refund after you file bankruptcy<< Like any other creditor, the IRS is prohibited from all contacts and collection actions while the bankruptcy is pending, even if the tax in question is not eligible for discharge. There are strict limits on which taxes are eligible for discharge in bankruptcy. After the case is closed, the IRS can resume normal collections for up to ten years. Neither the IRS nor anyone else is allowed to pursue any collection action whatsoever for debts that were actually discharged. Quote
grandmabee Posted April 8, 2011 Author Report Posted April 8, 2011 >>how many years does the IRS take your refund after you file bankruptcy<< Like any other creditor, the IRS is prohibited from all contacts and collection actions while the bankruptcy is pending, even if the tax in question is not eligible for discharge. There are strict limits on which taxes are eligible for discharge in bankruptcy. After the case is closed, the IRS can resume normal collections for up to ten years. Neither the IRS nor anyone else is allowed to pursue any collection action whatsoever for debts that were actually discharged. The bankrupcty is final. taxes were discharged. but I think in the bankruptcy it states IRS will take any refunds the next 2 year but then I thought maybe it was 3 yrs. so are you saying once the tax is discharged in bankrupty they can't take any more money on that debt? Quote
chadlonetree Posted April 8, 2011 Report Posted April 8, 2011 Are you talking about taking refunds for tax, or just in general. I think you mean ceasing refunds and the trustee distributing portions to the creditors. I don't know much about the BK details, but I thought they only kept refunds for 2 years on a CH 13. I didn't think they did for a CH 7. Quote
grandmabee Posted April 8, 2011 Author Report Posted April 8, 2011 Are you talking about taking refunds for tax, or just in general. I think you mean ceasing refunds and the trustee distributing portions to the creditors. I don't know much about the BK details, but I thought they only kept refunds for 2 years on a CH 13. I didn't think they did for a CH 7. yES that is right it is from the court. but IRS did not send her the refund. would they have automaticly sent it to the court? and it is chapter 7 not 13 Quote
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.