So, if our Chap 13 isn't confirmed yet, (and we plan on not moving forward with it) do we get to keep our tax return?
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There's absolutely no consistency in how Ch 13 trustees deal with tax refunds during an active plan....none. It's impossible to know what your trustee is going to do.
Everything depends on your local bk court's customs and practices, and if your plan accommodates keeping the refund regardless of what your trustee normally does (some lucky filers in some states have enough cash exemptions left over when they file to do this).
Your bk lawyer will know the answer to both of your questions.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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