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    Taking 75% of Tax Refund!

    My husband and I had our 341 meeting yesterday. Everything seemed to go well, except at the end we were told that they would be intercepting our State and Federal tax refunds and taking 75% of them!

    Ugh, we were very frustrated when we heard this! Our attorney explained to us that they can only take 75% of what is withheld, but that still seems like a lot. Has anyone here dealt with this before? Did you still get a good portion of your refund? It frustrated us even more because we started this process almost a year ago, and it took our attorney almost 2 1/2 months to set up our 341 meeting. Had she done this a lot sooner, we probably wouldn't even be deal with this...

    I recently became a stay-at-home to our two young boys (3 & 1), and my husband is the only one working. He is tempted to re-do is W2 and claim 6 so that less is taken out of his paycheck for taxes. Would this help us at all? Would this get us in trouble? Should we just leave it alone?

    I appreciate any help or info you can offer us!

    #2
    Changing your withholding at this point in the year won't do much to help. Unfortunately, the tax refund "earned" up to the date of filing is subject to being turned over to the trustee. We ran into the same thing. If you are lucky, in your district, they will only touch withholding amounts. In our district, they will also take their portion of earned income credit. I'm not sure about the child tax credit, because there is nothing I can find regarding that. I have resigned myself to the fact that it's a small sacrifice to surrender 3/4 of our refund, our balance in our checking on the day of filing, and 25% of my husband's earned-but-not-paid wages at the time of filing in order to receive the debt relief that we will receive when all is said and done.

    Doesn't it just feel like they want to kick you when you're down though?

    Congrats on getting through the 341 though! Welcome to the 60 day club
    Last edited by free2breathe; 11-04-2010, 12:58 PM. Reason: to add congrats!
    Filed pro se, made it through the 341, discharged, Closed!!!

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      #3
      Hi mom2boys,

      In Colorado the EIC and the $600 additional child care credit are exempt, so at least that is some they can't get their hands on.....

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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        #4
        Originally posted by tcreegan View Post
        Hi mom2boys,

        In Colorado the EIC and the $600 additional child care credit are exempt, so at least that is some they can't get their hands on.....

        Tom in Colo
        I so feel like I live in the bankruptcy twilight zone! Our exemptions stink ;)
        Filed pro se, made it through the 341, discharged, Closed!!!

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          #5
          at least you get to keep 25% of your refund... here in FL if you are not paying back 100% they take every single last penny... oh and then they figure it in for your payments for the next 60 months... count your self lucky that you get to keep a fraction of it!
          Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

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            #6
            Originally posted by enginegirl View Post
            at least you get to keep 25% of your refund... here in FL if you are not paying back 100% they take every single last penny... oh and then they figure it in for your payments for the next 60 months... count your self lucky that you get to keep a fraction of it!
            Yes, if we'd filed 13, we'd give it up for the duration, I'm sure. I'm glad we qualify for 7
            Filed pro se, made it through the 341, discharged, Closed!!!

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              #7
              Originally posted by free2breathe View Post
              Yes, if we'd filed 13, we'd give it up for the duration, I'm sure. I'm glad we qualify for 7
              I so wish I had qualified suxs

              good luck to you! it will ll be over soon!
              Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

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                #8
                Hi enginegrl,

                at least you get to keep 25% of your refund This is just b/c they filed 9 months into the year (75%), Post filing they get to keep the rest of the year (25%).

                Tom in Colo
                Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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                  #9
                  I'm prepared to give up my tax refund if they want it. Don't really think they will since it's not going to be large (only pay like $35 bi weekly in Federal taxes). But if that's what it takes to get rid of this debt and have a fresh start then they can take it all.
                  I may be smarter than an attorney, but I'm not one. No legal advice here, people.
                  Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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