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Debt Relief – Insolvency – Bankruptcy Information » Bankruptcy Help » If you claim bankruptcy but already have your taxes done, what happens with your taxes?

If you claim bankruptcy but already have your taxes done, what happens with your taxes?

I have claimed bankruptcy, but did my taxes as common-law last year. So my trustee said that I would again have to do my taxes as common-law this year for my bankruptcy. So not that the taxes are done, and my girlfriend is going to be claiming bankruptcy, what happens in regards to her taxes since there already done. Also does my girlfriend get her tax refund, or because it’s common-law does the trustee take her taxes as well?

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2 Responses to "If you claim bankruptcy but already have your taxes done, what happens with your taxes?"

  1. Marla says:
    Bankruptcy filing does not reduce your tax and it does not cover previous tax shedules or taxes already done. As for the refund, you need to talk to a Bankruptcy lawyer. Once you get the refund, it is money period. The IRS isn’t going to figure peoples bankruptcy in to their refund check.
  2. Studly says:
    This is one of those complicated questions your BK attorney needs to answer.

    My guess is yes, if you are filing this as a joint under common-law, they will take her taxes into consideration.

    But whether they take your refund will depend mostly on the trustee, as they do have the power to allow you to keep it…as long as it’s not an extremely large amount.

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