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Tax refund--second year (sorry long)

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    Tax refund--second year (sorry long)

    We are in the throes of a chapter 13 payout in the the state of Missouri--we filed in 08. We are below means--now well below. We chose 13 to avoid the complications involved in keeping our home--which is almost paid for (next year). There are big questions about how much it's worth as it is an older prefab sitting on a foundation, so our equity vs value was complicated. It was simply easier to make chapter 13 payments to the tune of 200.00 for thirty-six months and be done with it. We also had a strong wish to pay back at least a little of what we owed. We've made every single payment for the last year and a half on time.

    Last year we were able to keep our tax refund as we needed it for many, many reasons (four kids--dental work, new-to-us car, household repairs, etc). It took some jumping through hoops, but it finally went through thanks to a request to expedite it (we really, really needed a car). It was nerve wracking and involved a lot of unnecessary delays which I suspected could be blamed on the lawyer. I was a little frustrated because he had indicated in our initial interview that he didn't see any trouble with our keeping our refund (seemed amused at my googling it and indicated that there was a lot of incorrect info out there).

    This year our roof is leaking, I need a (wisdom) tooth pulled--badly, and there's a list of other lesser needs, like our fridge is on its last legs, but needs all the same. Our income dropped by six thousand this year. Half our refund is child tax credits and earned income credits. The tooth is the only real emergency on the list, but I don't think it's enough of one to demand that they expedite it again.

    I said all that to ask this--does anyone out there have any experience with requesting that the trustee let you keep your tax refund in the western district of Missouri?

    #2
    You have nothing to lose here, unearthed. Have your lawyer make the request and list every single thing in your lives that needs that refund to remedy it. If your trustee allowed it once, chances are it will be allowed again.
    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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