Legal Question in Bankruptcy in Florida

Forced amendment to fedral tax return.

I have already filed ch 7 and am in discharge. After I filed bankruptcy I completed my federal tax return at which time, due to new tax laws, I found out I overpaid. I called my lawyer and he told me to pre-pay all my return to next years tax liability. I did and now the trustee is taking me back to court to compel the court to force me to amend my taxes so that they can get that money. Can they do that? They are not accusing me of fraud. Is there any case law that shows my actions are legal? Thank you for your time and information.


Asked on 11/22/00, 2:37 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Forced amendment to fedral tax return.

I canot second guess your atty's advice. Suffice it to say,on the surface it appears that the refund is an asset of the estate to which the trustee has a proper claim. Speak with your atty. A negoiated resolution should be possible.

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Answered on 11/30/00, 7:16 pm


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