| Author: |
|
Jan |
| Date: |
|
October 29, 2002 |
| Question: |
|
My husband and I filed a joint bankruptcy. I was being garnished and it didn't stop. The trustee said the I would be able to recover all amounts paid 180 days prior to the filing. He said he would abandon this and let us have it back but he will go after our income tax refund. It will be a sizeable amount this year. How long can he go after that? Are there any legal means we can keep him from seizing it? What if we delayed our filing until the last minute? Our bankruptcy was filed 8/2002.
|
| |
|
|
 |
From: |
|
Ann Clarke, Collins Barrow Limited |
| Date: |
|
October 29, 2002 |
| Answer: |
|
Tax refunds for the tax year in which you filed your assignment, in this case 2002, are an asset for the bankruptcy estate. You could make an application to Court to request that the post tax refund (for the period between August and December 2002) be returned to you but it's unlikely you will be successful. The Trustee will likely file the tax returns necessary to obtain the refunds and cannot close your bankruptcy file until the refunds arrive.
Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca
|
|