Tax Refund in 100% plan - owe back taxes inside plan.

[murph996]

That was intentional. I didn't want to make specific demands not knowing for certain what my lawyer may put in his fax. I'm fairly certain that they are just faxing the documents without much more than a form letter, but just in case I didn't want to communicate anything that I thought might contradict my attorney. So I was intentionally didn't ask for resolution by a specific date. If I don't get swift resolution (5 days sounds about right) then I will be very specific. I did make sure I mentioned the violation of the automatic stay so he would know that I understand what they did was improper.

The more I think about it the more I am pissed. I told them when I had a confirmed plan, and afterwards, but they tried to make me jump through hoops where they should have backed off and even if they truly weren't notified by the state initially they could have confirmed the filing. As I recall, I called them with my case #, etc a long time ago but they wouldn't properly notate my account without the written confirmation.

Googling this CA brings up a lot of complaints. They do a lot of business with governmental collections at the State and Federal level.

[justbroke]

Ignoring the receipt of the case number and filing date is very typical of CAs. I had one which refused to take the case number. I called back twice, the woman hung up immediately on me the second call. On the third call, I told her to listen before she hung up... and that if she didn't understand how bankruptcy works, then she should put someone else on the phone! She complied. They can't just "ignore" actual or constructive notice no matter what they do or say. When they (creditors) react the way that the CA reacted, it is typical of those that know they are wrong.

[murph996]

Update. I called the CA back on Friday to confirm receipt of the documentation. I got his voice mail. He called back and left me a message saying that he forwarded it to The State and to call him back in 60 days to check on the status.

Today, I decided to try calling Ohio. Last time they pushed me to call the attorney. This time I pushed and eventually got to their bankruptcy department. They confirmed that I am due the refund, and put in the request for the check to be mailed. I will have my refund of the offset within 3-4 weeks.

Glad I called. I don't know if eventually this would have been caught by the state, or not.

[justbroke]

I am happy that you are getting this taken care of. I would not have allowed the CA to give a "wait 60 days" and see statement. Then again, you followed up with the State and you appear to have a resolution. If you don't have your check in 4 weeks, you could decide to file a Motion for Sanctions on the stay violation. I'm sure you'd rather just get your check, so let's just wait for the check!

[justbroke]

You may want to call the State of Ohio back, and ensure that they will not attempt to setoff your 2012 refund!

[murph996]

I did confirm that they will not hold my 2012 State refund during the conversation. It's only $200. But after spending 1200 on my vet (unsuccessfully) trying to save my dog and $500 on tires this week, it all comes in handy.

[justbroke]

I wish you the best!