Handing over income tax return payment

[Motivedmom5]

I wasn't made aware that I had to give my income tax return to my trustee when I filed my Chapter 13. Has anyone been told to submit income tax return payment and didn't? Is so, what happened? I have to move into a new apartment because I found out the building I live in is in foreclosure. I also need to purchase new furniture. I need my money to take care of these things.

[LadyInTheRed]

Check with your attorney to find out if you have to turn over your refund. If you are required to turn it over and you don't, your case could be dismissed. If your attorney says you do have to turn over the refund, ask about petitioning to keep it to pay expenses that weren't contemplated in your plan.

Have you actually been given an eviction notice? Just because there is a foreclosure, does not mean the tenants have to move.

[Motivedmom5]

What would happen if I decide to keep my tax refund money? I don't know if the trustee would agree to let me keep it and I definitely need it for moving expenses and also new furniture. I didn't receive anything that states we have to move yet but there's a bedbug issue in the building and therefore I want to move and because of that issue I now have to purchase new furniture.

[LadyInTheRed]

What would happen if I decide to keep my tax refund money?

If you are required to turn it over and you don't, your case could be dismissed.

It doesn't sound like you know whether you have to turn over the refund. Please call your attorney to find out.

[spidge]

My trustee sends me a reminder every year that I am required to submit copies of my returns and that any refunds are to be sent to him. Call your attorney as suggested or find the info yourself within the paperwork.

I'm in a similar situation, but have been able to get darn close to 0 on taxes owed or refunded. That should be your goal.

Side question. If I tell the IRS or State to apply the refund to next years taxes would the trustee deem that avoiding paying him and come after me?

[catleg]

Look in your papers for a document called Order Confirming Chaper 13 Plan with a bunch of check boxes and ORDERED next to each one.
It should tell you whether you are required to submit tax returns to the trustee.

[kornellred]

Catleg is correct: all requirements should be explicitly stated in the Chapter 13 Confirmation Order. Trustees do not have discretionary authority outside of the bankruptcy court judges ruling.

[spidge]

Side question. If I tell the IRS or State to apply the refund to next years taxes would the trustee deem that avoiding paying him and come after me?

Anybody????

[LadyInTheRed]

Spidge, my guess is that your trustee would have a problem with that. Check with your attorney before doing anything with your refund besides sending to the trustee.

[spidge]

Spidge, my guess is that your trustee would have a problem with that. Check with your attorney before doing anything with your refund besides sending to the trustee.

Thanks for your response. This year is already dedicated to the trustee. I just wanted to know for the next few years.

[fastcars69]

I cannot find my Order Confirming Chaper 13 Plan , Could anyone give me more detail on this? I filed for myself but am married and she is not part of the Bankruptcy.

[fastcars69]

I apologize I meant we filed jointly but I alone filed for Chapter 13

[debtinohio]

Thanks for your response. This year is already dedicated to the trustee. I just wanted to know for the next few years.

He would still know what your refund amount should have been based on the 1040 you are required to submit.

[spidge]

He would still know what your refund amount should have been based on the 1040 you are required to submit.

Yes, but since it was left within the tax system I wonder if it would be requested. I'll stick with the idea of getting as close to $0 as possible and not risk finding out the hard way.

Any guinea pigs out there?

[spidge]

Is what I almost did was to mail the difference between the check I wrote to the feds and the state refund, but I chickened out.