Earned Income Credit tax refund....Can I keep it?

[vicmost]

Just finished my first year of a 4 year plan in California. I already had my plan moddified once due to lower income and time off for disability pay etc..This is the first year that I filed taxes within the plan. I claimed 10 exemptions and I only withheld about $200 total in federal taxes. Due to the earned income credits my federal return is $3023 and the state is $103.
Is there any chance I can keep any portion of this?

[LadyInTheRed]

There's a chance. It depends on your plan and your trustee. This is one of those questions that is best asked of your attorney. Might as well get something out of that fee.

[HHM]

It depends on your state's exemptions.

[vicmost]

Thanks, I will call him today and find out.

[LadyInTheRed]

It depends on your state's exemptions.

HHM, what do exemptions have to do with it? This person is 4 years into a Chap 13 plan. It doesn't sound like it was an asset at the time of filing.

[HHM]

LIRT, post petition income, given that is what funds the plan, remains part of the estate, as such, (arguably) any subsequent tax refund would remain part of estate unless exempt.

[vicmost]

Spoke with my attorney and I was told I could petition my trustee for some of the tax refund if it was for needed expenses (hospital bill, etc..). However, I would have to pay the money back through higher payments and/or extended payments.

[vicmost]

I sent the funds to the Trustee. My wife is not included in the Chapter 13 (I filed as an idividual), wouldn't she be entitled to some portion of the refund?