Yes, the trustee can put a hold on your refund, and he’ll calculate the bk estate’s portion based on the day you filed.
I filed a bankruptcy case (chapter 7) on June 15th of last year. We knew that the bk trustee would want about half of next year’s tax refund. My clients filed their 2015 taxes in February, and last week, we received the following letter from the bk trustee.
In the letter, the trustee acknowledged that he put a hold on my client’s eventual 2015 tax refund. He then gave his calculation of the bk estate’s portion of the refund. Out of $11,252, he took $5,063.40.
To be more technical, the calculation looks like this:
June 15, 2015, is the 165th day of the year. The trustee was entitled to take 165/365ths of that $11,252 tax refund.
To be a little less techincal, we filed almost halfway through the year, so the bk trustee took almost half of next year’s refund.
On a positive note, he did send my clients back about $6,000.