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P Oed in TX started a blog post Anyone in texas' western district?Anyone in texas' western district?
I AM P.Oed BIG TIME. WE ARE 3.5 YEARS INTO OUR CH13 AND ALMOST 100%. AND TODAY MY ATTORNEY TELLS ME THAT THEY ARE TAKING OUR REFUND BECAUSE OF A NEW LAW THAT WAS PASSED THIS YEAR 2008. SEIZING OUR TAX RETURN WAS NOT PART OF THE PLAN. AND TO TOP IT OFF ON OUR LAST TRUSTEE RECIEPT IS REFLECTING $15,000 MORE THAT WHAT WAS DISCUSSED WHEN WE SIGNED THE PAPERWORK WITH OUR ATTORNEY. DOES ANYONE KNOW ABOUT THIS LAW OR THIS TRUSTEE SIEZING OUR TAX RETURN? DOES ANYONE KNOW WHY THERE'S SUCH A BIG MONETARY DIFFERENCE. I THINK MY ATTORNEY IS SCREWING US OVER FOR MORE MONEY. HE WON'T EXPLAIN THE DIFFERENCE BETWEEN DISCHARGED AND DISMISSED. ANY HELP WOULD BE WELCOMED.You must be logged in to post a comment.
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On the other hand, dismissed means the termination of a BK case without the entry of a discharge allowing all the creditors the same rights to collect as before the BK filing. You do not want this.
As to the trustee receipt relecting $15,000 more, I do not know what this is without more information. But remember, the Trustee represents THE CREDITORS and gets paid essentially a commission based on the amount of money/assets they can collect from you. So the Trustee is always looking to see what else they can get from you to satisfy the creditors. So it is not a surprise about the Trustee taking the tax refund.