Filing without husband...Tax refund???

[feemama]

I will be filing without my husband. My question is has anyones trustee allowed them to keep their tax refund or at least half because it was your unfiling spouses as well??? Also when you include a vehicle in Ch 13 is it discharged at the end or do you keep paying for it once your plan it over?
Thanks so much. This site has been very helpful

[EricaCallaha]

Usually you can divide the refund in half and then you have to pay your portion of a certain dollar amount to the trustee. It depends on his rules.

For example: You get a $5K refund. You get $2500, hubby gets $2500. Trustee makes you turn over anything over $1000. You pay trustee $1500 and you keep $1000. So, really you got to keep $3500 of refund.

Trustees have different dollar amounts that they like to take. It all depends on your district.

When you are done paying your 13, your car will be paid in full. You will get clean title to the vehicle.

Good luck.

[chloe0724]

The trustee figured out what percentage of the refunds were mine and my Husband's. ( i filed BK 13 alone) Since I make more, we only got to keep 24% of the refund.

[ccfriend]

The trustee figured out what percentage of the refunds were mine and my Husband's. ( i filed BK 13 alone) Since I make more, we only got to keep 24% of the refund.

Did you have to pay the trustee state and federal refunds or just federal? I am suppose to pay anything over $1602 but I am not sure if that is both state and federal or just federal. I keep emailing my lawyer but I haven't gotten a response.

[EricaCallaha]

I think it is for both. That is what it is in our district.

[Granny]

It depends on your trustee's rules and each trustee has their own rules. Here, the trustee keeps anything over $2K, no matter who earned it. But then again, I'm in a community property state.

[chloe0724]

It was for both