Will the chp 13 trustee get my federal tax refund?

[t45032]

Thanks for all of you but i still don,t know that can trustee have power to take my refund direct from irs that,s all i would like to know i own nothing to irs i am in chicago.

[ABC]

I have not filed ,but my attorney said no more than $ 10,000 back ??

[Mi Bankruptcy]

I had exempted my tax return from 2008( received 2009). So, I was allowed to keep the money. However, I read a case for Michigan where a lady received her tax return and spent it. The trustee came back to her a couple months later and wanted the return. It went back to court and the judge allowed allowed the trustee to take the refund because she did not exempt the return when she filed. So, you may receive it.. but I would hold on to it. If it is intercepted before it reaches you then you have your answer... hope this helps

[lrprn]

Thanks for all of you but i still don,t know that can trustee have power to take my refund direct from irs that,s all i would like to know i own nothing to irs i am in chicago.

Yes, local trustees do have the power to take all of your tax refund directly from the IRS every year while you are in Ch 13....but there's absolutely no consistency across the country about taking tax refunds from Ch 13 filers.

Whether YOUR trustee will take some or all of your refunds during the life of your plan or not depends on the custom in your local bk court and whether your filed plan protects your tax refunds with your state's exemptions or not.

Your lawyer is the most reliable resource to ask whether YOUR tax refunds during the plan will be in jeopardy or not.

[newbie2]

In the Eastern District of Michigan it clearly states on the confirmation statement what the obligations are as far as tax returns & refunds.

It could be the same in your district - ask your attorney and also look carefully at your formal confirmation statement.

[t45032]

Thanks for all of you i did talk to my lawyer he said know trustee don,t take direct from irs ,but hope its true some time lawyers wont say true but i have know othier choice.

[UpsideDownMI]

In the Eastern District of Michigan it clearly states on the confirmation statement what the obligations are as far as tax returns & refunds.

It could be the same in your district - ask your attorney and also look carefully at your formal confirmation statement.

Newbie2 is correct. Your plan and confirmation order should address this matter and you are bound by the terms in the plan and confirmation order.

[ABC]

So, it is possible to not have it swiped ?

I am 100 %commission with wild ups and downs , to me the refund would already be calculated into what disposable income would be.

[t45032]

Thanks for all of you i don,t understand why trustee asked for tax refund i am makeing 365 every mouth on bk 13 i only miss one payment i have 3 kids under 7 years i wait all year for my tax refund all i wants to no that trustee wont take direct from irs i did call irs but all they saying do you own us i said no thats all .I thing it will come to me because i own nothing to irs .still like to no.

[muzzey58]

My best advise is to call your attorney. Your Trustee should have given you a handbook that advises you of your basic rights during the case. Our first attorney said that any refund over $2000 would be claimed and posted to our bankruptcy. I would check your tax deductions and keep your taxes to near a zero percent refund because of this. The IRS has a withholding calculator that can help you figure how many deductions you need to claim to keep the lowest possible refund. Your best advocate during your case is you. I've been in chapter 13 for over 3 years and am now looking towards finishing within the next 18 months or so. Sooner I hope! Your attorney can help but you need to educate yourself about the basic laws. Your attorney represents you and the trustee represents the creditors. This is why I'm saying you need to keep up with your case so that you come out in the end in one piece. Best wishes and Merry Christmas and a happy new year!

[t45032]

Thank you my lawyer told me trustee can,t take your tax refund direct from irs when i recieved it then i have to give that to trustee i just wants to no thats true or not is my lawyer is true .

[forgotten]

Thank you my lawyer told me trustee can,t take your tax refund direct from irs when i recieved it then i have to give that to trustee i just wants to no thats true or not is my lawyer is true .

If your lawyer said you have to turn over all tax refunds in your district then that is what you need to do.

[t45032]

ok thanks.

[t45032]

I am still not get it all i wants to no can my lawyer lie to me because he said trustee don,t take direct from irs

[ccfriend]

I am in Michigan and I have to pay anything over $1602. I get the money deposited to me and then I have to write a check to the trustee for the overage. It is listed in my plan.