Request to keep Tax Refund Approved. Anyone?

[satchboogie]

I know there is no sure answer to this but I am fishing for answers anyway.

Has anyone actually had their request to keep their tax refund or keep part of it approved?

For the first time in 10 years I actually got a refund of $1300 this year but am required to turn it over to the Trustee. I am in the Orlando Florida District. Anyway I need some car repairs, I actually have an estimate from the Car dealership ($800) and was thinking about requesting to keep part or all of the refund.

So I was wondering if anyone has actually sent in a letter and got it approved by the trustee.

I do worry a little because my Lawyer got me a pretty good deal and I have a fair amount of money left over every month and I am afraid that if I request the refund the Trustee might look closer at my finances and increase my monthly payment. The past few months have been tough and that money I was able to save was spent for health reasons so I could really use the refund money or least enough of it to fix my car.

Any help would be appreciated.

[AngelinaCatHub]

Ms. or Mr. satchboogie:

Nothing ventured, nothing gained. I sure would attempt this venture. You are represented so you cannot ask your Trustee by letter, but only your lawyer. This in itself will give you better knowledge. Explain to your lawyer what you wish to do with the funds and under these days and times, it probably will be acceptable. Do not fear the unknown. Do what you must, the chips then will fall where they may. Then, pick them up and go from there. 'Hub

[CH33 Paralegal]

This is totally feasible as long as you can provide documentation about what you need.

here are the key principles.

1. The expense must be UNEXPECTED. Unexpected expenses are things like a transmission repair, water heater repair, roof damage from a storm, unexpected medical procedure, something that needs to be done to make something safe.....Things like "catch up on the mortgage" or "catch up on the utilities" are not unexpected expenses because they were on your budget. " I need a vacation" is also not a valid unexpected expense (actually met with a client that wanted to argue this)

2. the 3 D's...DOCUMENT, DOCUMENT, DOCUMENT. You need to provide a full copy of your tax return, and also estimates or invoices for the very things you need done. Vague references or informal quotes on napkins and such are not valid. You need to actually have the due bill there or the invoice or estimate from the company you will use on their letterhead or however they produce a professional statement. You will only be able to retain what you can document.

3. You need to be current enough with your trustee payments. Now if you're just a couple hundred down or something, it shouldn't be a problem, but if you're thousands down, then the court wants that money for the plan. however, always remember that economies of scale apply.

Whether or not the trustee looks at your budget more, that's up to the trustee. And every minute they spend on your case is a minute that they aren't spending on other cases.

At least at the firm I work at, this is a pretty routine thing, especially in the early spring.

[13inIN]

In our district, the 'standard' is to forfeit anything beyond $500 to the trustee.

Would guess that the same would be reasonable to yours.

[Flamingo]

Have your attorney submit the estimate to the Trustee and hope for the best. I had a refund of sick and vacation time from my former job (almost $4,000) during our Plan; we were able to keep most of by providing information/estimates on things we needed and we actually were able to get a new computer since our old one was over five years old and dying fast - we stated our daughter needed a new one for school (which she did). However, that does not mean you will or will not be able to keep all or a portion of your refund. Situations vary. It's up to your trustee. All you can do is try.

[cleanslate01]

Oh my. We are filing next month and I just got our refund of $604. We spent part of it to buy some needed things like I stockpiled diapers, wipes, filled up the chest freezer with chicken and meat, etc. Got a tune up on the car. I hope that doesn't come back to bite me in the butt.

[CH33 Paralegal]

that shouldn't be a problem. But disclose that to your attorney.