Filed a chapter 13 in GA in December, have had 341 meeting but not yet confirmed. Included mortgage arrears, a vehicle (keeping one & surrendering another as its not worth fixing, and will pay a little to unsecured.
Have discussed my 2009 federal tax refund with our attorney. Amount is about $3500, not due to overpayment but to child tax credits, making work pay credit, and American Opportunity Credit. (I was taking college classes thru summer 2009.) We don't have any federal tax withheld from our paychecks. .
Anyhow-I think that should count as an asset - and we have about $1300 in wildcard exemptions unused so far. As to the difference - we're paying more than that to unsecured. So by my logic, we can keep it. Attorney says he thinks it is extra income during the commitment period. Or something like that...
Attorney has looked thru other case files from Dec. and can't find any where anyone claimed a projected tax refund for '09 as an asset. I am not against future tax refunds going to the trustee (will continue to get a refund on federal) but want to keep this one. Need to rebuild a transmission to have 2 working vehicles again, kids need school clothes, and would like a little emergency fund...
Have since come to the conclusion that my attorney does more 7's than 13's. But he has been good to work with me on my schedule (I work days fulltime and started delivering pizzas to cure our budget short coming so we could do a 13), included all of his fee in the plan, and is easily reachable anytime by email or phone.
Have discussed my 2009 federal tax refund with our attorney. Amount is about $3500, not due to overpayment but to child tax credits, making work pay credit, and American Opportunity Credit. (I was taking college classes thru summer 2009.) We don't have any federal tax withheld from our paychecks. .
Anyhow-I think that should count as an asset - and we have about $1300 in wildcard exemptions unused so far. As to the difference - we're paying more than that to unsecured. So by my logic, we can keep it. Attorney says he thinks it is extra income during the commitment period. Or something like that...
Attorney has looked thru other case files from Dec. and can't find any where anyone claimed a projected tax refund for '09 as an asset. I am not against future tax refunds going to the trustee (will continue to get a refund on federal) but want to keep this one. Need to rebuild a transmission to have 2 working vehicles again, kids need school clothes, and would like a little emergency fund...
Have since come to the conclusion that my attorney does more 7's than 13's. But he has been good to work with me on my schedule (I work days fulltime and started delivering pizzas to cure our budget short coming so we could do a 13), included all of his fee in the plan, and is easily reachable anytime by email or phone.