Southern Iowa district 1 year in on my BK 13.Confirmation order says I must turn over tax return .My son needs braces and am going to ask attorney if trustee will allow me to keep the refund??? Any thoughts????
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Turn over a copy the tax RETURN or the actual tax REFUND you receive? If it is the refund, you should be able to work out a deal with the Trustee but you will most likely need to increase Plan funding to reimburse the creditors for the diversion of the refund.
Des. -
I would listen to des, but my initial response is: there is no way the trustee gives a rat about kid braces! My kid needs wisdom teeth pulled and there is no way I would contact trustee for that! You are gonna have lots of stuff like this come up. Not trying to be mean here but you gotta learn to deal. Braces are not an emergency and you can save for next year. Just my two cents.Discharge date: October 2017 (will it ever get here?)
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dmc. . .
Your observation as to the Trustee not caring is probably correct. The reason my suggestion can work is due to the relationship between the Trustee and debtor's counsel. Assuming a good working relationship there is usually a give and take with a goal of working together. At least that is how I see things based upon a "been there done that" sort of thing.
Des.Comment
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We had to wait to get our son braces until this past summer, just entered our 5th year in March. We were lucky that 1. We had the extra $ from having a car paid off during the plan a few months prior to the braces and 2. We found an ortho that did interest free in-house financing for 2 years. Our payments happened to be the same amount as the car payment so it worked out. Thank god for her because we only had to put a few hundred down, no credit check, no loan, just make payments monthly and not be late. Those types of orthodontists are definitely few and far between that's for sure!
Trustees don't deem braces as medically necessary but a "luxury" unfortunately. You may have to put them off for a while unless you are able to come up with the funds thru wiggle room in your Ch 13 budget without taking out any loans.Comment
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