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    tax refund

    question... can the court tkae you tax refund even if it is going to be applied to next years return. My refund is 2900.

    #2
    Does anyone know

    I'm in the final stages of my chapter 13. This year for the first time ever I get back 2900.00 from taxes. I never tale the refund but it is put towars my next years taxes. Will the court take my refund even if it gets applied to next years taxes. Help !!!!!!!!!

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      #3
      What does your attorney say? Your confirmation order? Somewhere in your plan it should state whether income tax refunds are turned in or not. Wanting to apply it to next years taxes doesn't wash with trustees, as it is one way that a debtor could try to get around the "turn over the refund" requirement.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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        #4
        I replied to your question in the thread you created a few minutes ago on this same topic. But yes, they can. What you want to do with the refund doesn't matter, it's what the court has ordered. Ask your attorney if your plan requires refunds to be turned in.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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          #5
          @smiley09, I merged your two threads asking the same question. It's against our forum rules that you agreed to follow when you joined to post the same question twice in the same area or different areas of BKForum. In the future, please create just one thread to ask the same question or questions - thanks!
          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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