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    Tax refund in 13

    I am supposed to hand over anything above $250 in returns while I'm in a 13. The thing is, my Husband was unemployed for several months last year due to his disability. We managed to make the BK payment by cutting back even more. I was wondering if I could get the Trustee to let me keep part of my refund because of this. We made a huge amount less in 08 than we did in 07. I need new brakes and tires and our furnace is going out. The refund id almost 4k.

    I have left many messages for my attorney, but haven't heard back yet. I also changed our exemptions when he stopped working, but apparently it wasn't enough.
    Filed Chapter 13 05/23/08
    Converted to Chapter 7 Jan 2012
    Discharged April 2012

    #2
    Well, none of us on here can tell you whether or not to keep the refund - that will need to be determined by your Trustee. Get ahold of your attorney and do not do anything with that refund until you talk to him/her. Advise your attorney of your concerns/situations and there is a good chance he will check with the trustee to see if you would be allowed to keep all or a portion of the refund. Especially push the household/furnace situation.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #3
      The attorney called me back today and said that I should contact the Trustee's office. (thanks) So I called and they said that because I filed only in my name and because of my Husband's situation, we may be able to keep a portion of it. I have to fax them my return along with my w-2's and a letter of explanation and the Trustee will review it. I will fax it tomorrow and see what happens.
      Filed Chapter 13 05/23/08
      Converted to Chapter 7 Jan 2012
      Discharged April 2012

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        #4
        Got a letter from the Trustee letting me know that I had to give him all by my Husband's portion of the return. He had it all calculated out with the percentages and everything. I'm glad we get to keep a little of it.
        Filed Chapter 13 05/23/08
        Converted to Chapter 7 Jan 2012
        Discharged April 2012

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          #5
          Hey, a little is better than nothing. But it still stinks. Hopefully you can get done what you need to.

          Good Luck!
          Filed - 12/24/08 (Merry Christmas Credit Cards!)
          341 - 2/5/09
          Confirmation - 3/13/09....Happy Dance!!!

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