How long should it take to receive my tax refund from the trustee I live in Tempe az

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I filed chapter 7 in December 2013, it was discharged in April of 2014. It is the end of May 2014 How long should it be before I expect a return of my tax refund check?

Attorney Answers

3
Steven Zachary ·
The tax return is not yours. It is the trustees. The trustee takes the refund and distributes it to you creditors.
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Robert Lord ·
For the most part, the refund is likely the property of the bankruptcy estate, so it belongs to the trustee. There may be a refund attributable to the period between December 8th and the end of the year, and that would belong to you.
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Nathan Carr ·
The IRS refund may go directly from IRS to Trustee or if comes to you the Trustee most likely advised you to send the refund checks to him or her. Since you filed in December 2013 any refunds owed for 2013 would go to the Trustee for the part of year before filing. For example, generally speaking, if filed on 12/1/2013 then 11/12th of your refund would generally go to the Trustee to be applied to the bankruptcy estate. and then 1/12th of the refund could be yours. However, there might have been other non-exempt items that the Trustee could apply your portion of the refund. I would recommend if had an attorney in the bankruptcy to have them advise you and if not then reach out to the Trustee to verify.
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