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  • Tax refund question

    I filed Chapter 7 two years ago with mainly a home on it that I had lived in
    for 25 years. It's Rural Housing. I had a tax refund of around $1,200, which
    I was really looking forward to since I'm an underpaid Mississippi school
    teacher. Rural Housing took my refund. Can they do that if a person has
    filed Chapter 7? My attorney has been informed about this but obviously
    hasn't found out any info on it. I called Rural Housing and was told that
    they cannot take the refund, but the IRS says they did. What can I do about
    that? Anyone know?

    Giuditta



  • #2
    Tax refund question

    "Giuditta" <[email protected]> wrote in message
    news:[email protected]
    I filed Chapter 7 two years ago with mainly a home on it that I had livedin for 25 years. It's Rural Housing. I had a tax refund of around $1,200, which I was really looking forward to since I'm an underpaid Mississippi school teacher. Rural Housing took my refund. Can they do that if a person has filed Chapter 7? My attorney has been informed about this but obviously hasn't found out any info on it. I called Rural Housing and was told that they cannot take the refund, but the IRS says they did. What can I do about that? Anyone know?
    If the money was seized on account of a discharged debt the creditor should
    be notified and the money immediately returned. Otherwise the creditor
    violates a court order and may be sanctioned for contempt. If simple
    notification of the chapter 7 doesn't work check your local court rules to
    determine the correct process for asking the court for a remedy. This is
    pretty basis bankruptcy stuff.


    Comment


    • #3
      Tax refund question

      "Giuditta" <[email protected]> wrote in message
      news:[email protected]
      I filed Chapter 7 two years ago with mainly a home on it that I had livedin for 25 years. It's Rural Housing. I had a tax refund of around $1,200, which I was really looking forward to since I'm an underpaid Mississippi school teacher. Rural Housing took my refund. Can they do that if a person has filed Chapter 7? My attorney has been informed about this but obviously hasn't found out any info on it. I called Rural Housing and was told that they cannot take the refund, but the IRS says they did. What can I do about that? Anyone know?
      If the money was seized on account of a discharged debt the creditor should
      be notified and the money immediately returned. Otherwise the creditor
      violates a court order and may be sanctioned for contempt. If simple
      notification of the chapter 7 doesn't work check your local court rules to
      determine the correct process for asking the court for a remedy. This is
      pretty basis bankruptcy stuff.


      Comment


      • #4
        I do not know what Rural Housing is. IT may be that you were under a special program where if you did not live or own the home a certain period of time that they can recoup the aid that you received thru that program based on your contract with that governmental agency or program. And if that is the case, that contract or agreement maybe was not discharged and rendered void by bankruptcy because you did not include it or did not think you needed to. I suggest consulting with an attorney, and if it was not, seeking to have your bankruptcy reopened to get your tax refund back and to have any contract under which Rural Housing is a creditor with a right to relief declared null and void as to them recovering from you. I am assuming Rural Housing is some kind of governmental body that rendered you aid in purchasing the home.
        Last edited by elklaw; 07-30-2005, 12:32 PM.

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