Question please

[smiley09]

Yesterday I asked if you got a tax refund could the court take it.
Iwas told to look at my plan and it says anything over 1500.00 they could take.
I am getting 2972.00 back but my accountant checked use this 2972.00 towards next years tax return....so I'm not getting the actual cash in my hand. How will the court look at this? Does anyone know.
I never received a refund in this amount ever. This would be the first time.

Thanks

[newbie2]

Your account can suggest anything he/she wants, but that doesn't mean that the person who is in charge of your financial house will agree (the bankruptcy trustee). Your confirmation order states that you can keep anything under $1500 and the trustee gets the rest. Forget about what your accountant checks off in the box, send in the rest to your trustee. If you are still not sure (after reading your confirmation order) then call your attorney for clarification.

Edit: Did you file your taxes already with the "let the IRS have it for next year" order? If you did, you should call your attorney right away so he/she can be made aware of this and try to get this straightened out for you with your trustee.

[MommyMc]

During our first year in our BK we were to get $3300 back as a refund. Our trustee takes any refunds over $2000. So we thought we would file our taxes and apply $1400 to next years taxes, making our refund $1900 in our pockets.... well, not the case! We got a letter from the IRS telling us because of our ch.13 status we could not apply monies to the next years taxes and ALL the money... all $3300 went to the trustee...