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    Tax Return Refund

    So I posted the below back in Jan. and received some helpful comments so thank you. My problem at the moment is that my attorney was able to get the Trustee to give me time to pay back the tax refund. No firm date, just an estimate of March?? Well over the past couple of month's I've been dealing with an issue with my mortgage company and catching up on a missed payment. Bottom line is, today I received in the mail a Motion to Dismiss my BK 13 on April 20th due to not paying my $1600.00 2020 tax refund!!! I've been making my $1300.00 monthly payment on time to the Trustee, but he wants to dismiss because of the tax refund?? Does anyone think he will work with me on this again or since he gave me time already I blew it?? The Mortgage issue came up after we had this issue. I will call my attorney on Monday and I pray he can help resolve this and give me more time pay this refund back. Really worried!

    Hello,
    I have filed for CH 13 and have been paying on a 100% plan since Oct. 2020, however due to delays (covid) re-filing, mistakes ( attorney side) etc. my official confirmation was in Oct 2021 with my first new "higher" payment starting Nov 2021. I just received my Confirmation letter and it mentions the fact I must turn over any tax refunds. I was under the impression this would start once everything was confirmed so I would turn my 2021 refund (if any) once filed this year. Well it says I am supposed to turn over the 2020 refund as well. I'm scared, because money is so tight right now after doubling my payment and I don't have the refund to turn over today. Any experience with the Trustee working with you on this without dismissing my case? I haven't missed or been late on a payment yet.
    Thank you
    Stressed!!!!

    #2
    It will depend on how quickly you can makeup the missing money. As my Chapter 13 Standing Trustee says... he doesn't make money unless I'm successful. That makes complete sense. There's no way to tell if the Trustee will tolerate this issue a second time, but even if they aren't, the judges are usually sympathetic.

    Your attorney may know about the temperament of your Chapter 13 Standing Trustee.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


    • Lawrence21
      Lawrence21 commented
      Editing a comment
      Thanks again for the response

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