CanI get my income tax refundback if it was taken by a collection agency for a debt that was discharged in my bankruptcy?

UPDATED: Jul 26, 2011

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CanI get my income tax refundback if it was taken by a collection agency for a debt that was discharged in my bankruptcy?

I sent copies of the bankruptcy papers to the collection agency last week via registered mail. The discharge was 6 years ago.

Asked on July 26, 2011 Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Was the collection agency or the creditor of the debt that the collection agency is trying to get satisfied that you owe or owed given notice of your bankruptcy petition and discharge that happened six plus years ago? If no notice was given and your debt arose before the bankruptcy filing, most likely you cannot get your income tax return back due to no notice given to the creditor.

If notice was given about your bankruptcy to the creditor/collection agency, then most likely you can get your money back that was levied upon.

If the debt arose after your bankruptcy filing concerning your question, most likely the debt was not discharged and you cannot get your income tax refund back.

You should consider consulting with a bankruptcy attorney about the levy on your income tax refund and if the prior debt was discharged or not.

Good luck.

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