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Tax Refund's Effect on Means Test and Monthly Payments

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    Tax Refund's Effect on Means Test and Monthly Payments

    (1) Because the means test for Chapter 13 requires gross income anyway, I assume that any tax refund you expect to get should be used only to adjust what you can subtract as a "tax expense" permitted under the means test. Is that true?

    (2) Is it ok to obtain your tax refund and spend it down on reasonable and necessary expenses before filing or will the trustee get pissed? As long as your monthly payment plan takes into account the refund amount (i.e., your monthly payments are based on the assumption that you will change your deduction amount so that minimal refund will occur in the future, allowing more money to go into the plan starting with your first payment), it really shouldn't be a problem, right?

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