in ch 13 getting tax refund back will they take it?

[papa0881]

getting $5300 between wife and i both, filing together she is listed first.

will they take my refund? i am planning on using this to get caught up on my rearrages on my BK payments, actually it is the exact amount i owe plus $65.

i was wondering if they will take it away? suppose to be deposited into bank on feb 22, 08 accountant and lawyer both said they cannot take it because all of my debt was put onto the bk 13...


just wondering i see alot of ? on here about income tax refunds, but none look answered just wondering a answer for my quesiton.

after this i will be all caught up! 100% ready for next month, been sending them money weekly and got alot of the 5365 caught up but still going to send the 5300 this way i am up ahead of the game a little bit.

[papa0881]

also i wouldnt think they could take it, seeing most of the money is my wifes. we also had the 1000$ child tax credit this year to

[253BK]

THe trustee may take it if you are behind on BK payments I am sure they will want it!

[bmcmull]

If you are behinfd in your payments it will get sucked up by the trustee. Also you need to look at it as desposible income and your trustee may take it as that. IF they do take it and apply it to what you owe that would be good. THe down side to this is I have had a $3800.00 refund taken while I was current. It was not applied as anything except extra income. Your trustee should have sent you information regarding income taxes when you filed.

[bmcmull]

How did you get $5300 behind on your payments. My trustee sends me certified letters when I get 30 day's behind.

[papa0881]

business has not been good these past few months.

i dont see how the trustee could take it when it goes threw the irs, that is money that i earned along with my wife. $3500 of the money is my wifes, i do not see how it would be legal for the irs to keep the money or the trustee?

[kornellred]

How can the trustee get a hold of the refund payments? Are they empowered to demand the money from the banks where it is deposited?

WR

[253BK]

as far as I know yes they are! If you are behind they will take the money yours or hers or they will dismiss your case doesnt matter if business is good or not

Let me ask this what differance does it make in your post you said you were using it to get caught up anyways??? Confused now

[253BK]

getting $5300 between wife and i both, filing together she is listed first.

will they take my refund? i am planning on using this to get caught up on my rearrages on my BK payments, actually it is the exact amount i owe plus $65. .

??? so what differance does it make???

[cso5@]

Last year....

Last year, my trustee had not sent anything regarding wanting to see income tax returns or anything about a refund. It was my first filing season since I had filed.

I called my amazing lawyer, who said, nope -- the letters to those had already gone out, and if you didn't get a letter, there's nothing to do.

So you know how you can check on the status of your refund from irs.gov? I was diligently checking -- and one day there was an odd message -- something about "special circumstances regarding your return that requires special handling" or something. I called the number, and the very nice tax lady looked at it and said, oh, you are in a 13, the trustee just has to release your return. Should happen in a day or two.

And, it did.

This year, I got the letter -- he wants to see the returns and will take anything more than $1,500. Which, that's fine, the refund is not much more than that, anyway.

I e-filed, and it's supposed to be deposited by 2/26...so we'll see if there is the same odd message this year.

They know everything about you, believe me. The IRS AND the trustee.

:-)

[papa0881]

i am just worried that they will take the refund and it wont meet our mar 10 deadline, thats all. figuring it will be held up and we will need to go to court or something, this time next month we will be fine will be ahead of the game.

[Flamingo]

Last year, my trustee had not sent anything regarding wanting to see income tax returns or anything about a refund. It was my first filing season since I had filed.

I called my amazing lawyer, who said, nope -- the letters to those had already gone out, and if you didn't get a letter, there's nothing to do.

So you know how you can check on the status of your refund from irs.gov? I was diligently checking -- and one day there was an odd message -- something about "special circumstances regarding your return that requires special handling" or something. I called the number, and the very nice tax lady looked at it and said, oh, you are in a 13, the trustee just has to release your return. Should happen in a day or two.

And, it did.

This year, I got the letter -- he wants to see the returns and will take anything more than $1,500. Which, that's fine, the refund is not much more than that, anyway.

I e-filed, and it's supposed to be deposited by 2/26...so we'll see if there is the same odd message this year.

They know everything about you, believe me. The IRS AND the trustee.

:-)

If someone could check on something I was just told - Under the new law, the Trustee is now required to advise the IRS of your bankruptcy filing and instruct the IRS to send refunds to the Trustee that are over $250. From the postings I am seeing here, that is what is occurring. Does anyone know anything about this? It doesn't affect me at all but I though it worth mentioning since the above was not required under the old law (prior to 10/05).

[erinb1975]

If someone could check on something I was just told - Under the new law, the Trustee is now required to advise the IRS of your bankruptcy filing and instruct the IRS to send refunds to the Trustee that are over $250. From the postings I am seeing here, that is what is occurring. Does anyone know anything about this? It doesn't affect me at all but I though it worth mentioning since the above was not required under the old law (prior to 10/05).

We just filed new law, and our trustee allows us to keep any and all refunds. Ours ($1600) was direct deposited into our account.

[papa0881]

see what i do notunderstand is how in the hell is it legal for the trustee to keep my WIFES Money, especially when she did not file this is a joke dont you all think

[jnjw]

I thought that if only one spouse files, they only take half (if they choose to take any at all)?