Chp13 in FL...does the trustee take?

[LawRookie]

in FL does the trustee take your tax refund? I thought it did but I found this
on paragraph 3...I'm I reading something wrong...

"A debtor's interest in a refund or a credit received or to be received, or the traceable deposits in a financial institution of a debtor's interest in a refund or credit, pursuant to s. 32 of the Internal Revenue Code of 1986, as amended"


http://www.leg.state.fl.us/statutes/...on%2025#222.25


I also does the trustee take ALL the funds from the checking and savings account? leaving nothing to current bills (utilities, homestead mortg)..

In a CHp13 do they liquated your assets that is not exempt? i.e. cars (they are old), fund in bank, etc..

what about unemployment my lawyer included it for our DMI calculations but then I read this...

http://www.leg.state.fl.us/statutes/...%20051#443.051

Also am I allowed to keep the 529 going...I started before I filled for chp13....I mean if I can't then what happens to that is basically a loan I think ....
Can this payments be included to calc DMI?

http://www.leg.state.fl.us/statutes/...on%2022#222.22

[justbroke]

In FL does the trustee take your tax refund? I thought it did but I found this on paragraph 3...I'm I reading something wrong...

Yes, you're reading osmething wrong.

That specific part of the IRS Manual (IRM) has to do with the Earned Income Credit (EIC). Any refund that is from an EIC payment is not property of the estate and is not disposable income.

I also does the trustee take ALL the funds from the checking and savings account? leaving nothing to current bills (utilities, homestead mortg)..

Usually the answer is no. Unless it's a significant amount. You should still have almost nothing in your account the day you file.

In a CHp13 do they liquated your assets that is not exempt? i.e. cars (they are old), fund in bank, etc..

Yes, just like in Chapter 7. You can, however, "purchase" them from the Trustee, or just propose to pay the equivalent value over the course of your Chapter 13 to the benefit of the unsecured creditors. This is known as the liquidation test.

what about unemployment my lawyer included it for our DMI calculations but then I read this...

Unemployment Insurance is part of "current monthly income" by definition from the Bankruptcy Code (11 USC 101). The Florida Statute is not referenced anywhere in F.S. 222 which deals with bankruptcy exemptions. Also, the Bankruptcy Code does not incorporate that Florida Statute by reference directly or indirectly. The only thing that is NOT income in Bankruptcy is SSA benefits, and some other war/crime related payments.

Also am I allowed to keep the 529 going...I started before I filled for chp13....I mean if I can't then what happens to that is basically a loan I think .... Can this payments be included to calc DMI?

That exemption (F.S. 222.22) only protects what's in the account. Now, whether you can continue contributions to the 529 account... is probably answered with a no.

Are you thinking of filing pro se?