Tax return and student loan

[sweet48840]

What is the name of your state? OH
Hi I have a question regarding tax returns, BK and student loan. Here is the story, I had an old student loan that was being paid through BK 13. We went through the 13 and received our discharge. Long story short involving our home, we had to file another 13 which then was converted to a 7. We are surrendering the house and have since moved. Well, filed our taxes this year and received a refund or so we thought. Apparently our return was taken. Not sure by who, thinking it was the student loan according to the IRS site, should contact this phone number through a financial place. Sure enough, refund was taken. Here are my questions, was it the trustee? No activity has been taken per pacer. Now, I am thinking it is student loan. I know student loans are not discharged. But, can they take return while we are still in BK? Haven't had a chance to talk with attorney yet, do have an appointment scheduled. Any advice... Oh, by the way we filed married joint.What is the name of your state?

[azatty]

The filing of a bankruptcy does not affect the ability of a creditor to exercise a right of setoff. It happens all the time with tax refunds when the debtor owes the federal government money.

[sweet48840]

Thank you for your information. So does this mean they are going to keep the refund This is my husbands return and does not have any doing with this debt. Second Marriage. Plus, I am not employed this is all his income. I did read information about filing a form 8379 with IRS to see if A portion is returned. Would I be correct?

[azatty]

The answers to all your questions is "yes."