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Will I have to give up my entire tax refund to trustee?

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    Will I have to give up my entire tax refund to trustee?

    I'm filing for 13, and I did my taxes the other day. In total, I'm getting back 1700.00 Federal and 231.00 state. Am I going to have to give it up?

    #2
    Originally posted by GG1981 View Post
    I'm filing for 13, and I did my taxes the other day. In total, I'm getting back 1700.00 Federal and 231.00 state. Am I going to have to give it up?
    Whether you will or not depends completely on the practices in your local court. Some Ch 13 trustees will take any refund, others take part of the refund if it's over a certain amount, and still others could care less if you get a refund or not.

    If your trustee didn't provide written instructions about how to handle your tax returns and refunds every year, then you'll have to ask your lawyer what to expect. There's no consistency whatsoever about tax refunds during an active Ch 13 across the country.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Originally posted by lrprn View Post
      Whether you will or not depends completely on the practices in your local court. Some Ch 13 trustees will take any refund, others take part of the refund if it's over a certain amount, and still others could care less if you get a refund or not.

      If your trustee didn't provide written instructions about how to handle your tax returns and refunds every year, then you'll have to ask your lawyer what to expect. There's no consistency whatsoever about tax refunds during an active Ch 13 across the country.
      I told my lawyer what I was going to be getting and he said mostly not. I got concern after reading some post.

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        #4
        Originally posted by GG1981 View Post
        I'm filing for 13, and I did my taxes the other day. In total, I'm getting back 1700.00 Federal and 231.00 state. Am I going to have to give it up?
        They told us when we filed that our refund would be split among our debtors unless we had vehicle repairs, which we do, being that our vehicles are around 10 years old. Im in GA
        07-21-2009 filed Chapter 13
        05-02-11 CONVERTED TO CHAPTER 7 :

        09-07-11 DISCHARGED !!!!!!

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          #5
          Once you get in a plan, wouldn't the idea be to adjust your witholding down to prevent a large tax return? I hope it's the way to go, for me, it will help me afford whatever the payment ends up being.

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            #6
            In our situation we are to provide tax returns only if requested, nothing said about refunds. My thinking on this is when previous tax returns were looked at then the amount was figured into the plan. I did change dependent status on federal withholding to minimize yearly refunds but did so after filing.
            Filed 11/10/08

            Discharged 2/18/14

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              #7
              In Northeast Tn ,in the case of my trustee

              we get anything under$1500
              if its over that she takes the rest

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                #8
                Here in Texas, we can get back up to $2000. Anything over that the trustee gets.

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