Hi guys.. I'm going to be filing and wondered how things work with your tax refund..do they automatically take that until discharge?
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Tax refunds after chap. 13
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depends on trustee. mine allows me to keep anything under $6500. Others allow up to $1000. Some take everything. Really depends on local custom, have to ask a local lawyer to get an answer to this question.Filed CH 13 September 17, 2007
Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!
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In Chicago I keep all of my State refund, and the first $1,200 of a Federal Refund.
When I filed in New York, unless you were paying 100% to unsecureds, you turned over your entire refund.7/24/2009: Filed Chapter 13, Pro-Se (Plan of 0.2% repayment on $157,500 unsecured debt)
8/18/2009: 341 Meeting of Creditors
9/28/2009: Confirmation Hearing #1 (Denied)
10/26/2009: Confirmation Hearing #2
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The trustee never even suggested taking a cent of my tax refunds, probably because I've taken pains for years not to have much of one. I hate loaning the feds money interest-free. I'd long adjusted my withholding to match my anticipated, actual liability.
Until this year -- post-Chapter 13 discharge and after a new mortgage that 'earned' the $8,000 first-time home-buyer's refundable tax credit -- I don't recall a refund over $250 in recent memory. My plan is to pay the Treasury something circa $200 every year (actually, my dream is to write them a check -- say, for like 10 cents -- that will cost them more to process than its amount!) on April 15.
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