Post-Confirmation Mod to Keep Tax Refund

[pyxis]

Hi all,

It's been a while since I last posted. We ended up dismissing our attorney (rudest person I've ever met) and filed the post-confirmation modification ourselves. We are in a 36 month 0% plan.

Mailed out the paperwork to the court and everyone on mailing matrix on November 23. Hardest part was figuring out what papers needed to be filed. Bankruptcy rules sure are difficult reading!! Figured out I had to attach a liquidation analysis and the plan worksheet to the modification. Checked pacer a couple of days ago and saw that the paperwork is properly filed. Now waiting for the 21 day notice period to pass on by. Hopefully no one will object to the modification.

[justbroke]

Almost all Chapter 13 Trustees have procedures for this. Typically it involves actually sending the refund check to the Trustee AND attaching a letter indicating that you want to keep all or part of the reefund. You must also enumerate what you want to do with the money. If the Trustee agrees, you typically need to file a Motion to Modify Confirmed Plan as well to make sure the court approves.

I hope you talked to the Trustee first or at least found out the procedure.

[pyxis]

I hope you talked to the Trustee first or at least found out the procedure.

I did talk to the trustee first. We didn't have to send the check in to the trustee. We did send a letter to the trustee explaining why we need to keep the refund. The required 24 days have passed and no objections have been made by the trustee or any of the creditors.

Now I have to send in the Certificate of Non-Response (which I know how to do) and the Proposed Order for the judge to sign (which I don't know how to do! ). They have sample orders for my district (Eastern District of Michigan), but I'm not sure if I incorporate all the stuff in the original order (we had a lien strip) or do I just put in the stuff about keeping the tax refund. Guess I'll have to call the pro se clerk again!