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Tax Refunds Can�t Be Intercepted Anymore by Michigan Chapter 13 Trustees, Federal Cou

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    Tax Refunds Can�t Be Intercepted Anymore by Michigan Chapter 13 Trustees, Federal Cou

    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

    #2
    Cool.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I am from the Eastern District of MI and I got my refund deposited into my bank account and then I had to pay some of it to the trustee. Mine was never intercepted.

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        #4
        See the second paragraph in the original posting. It seems debtors now will have to incur additional attorney's fees to file any required motions to keep a tax refund. We incurred $400 additional in fees to file a Motion in our Chapter 13.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

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          #5
          Does this mean it would be advisable to INCREASE withholdings?

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            #6
            Originally posted by spearmint View Post
            Does this mean it would be advisable to INCREASE withholdings?
            Absolutely not. This has nothing to do with how much you need to pay into your plan. This has to do with whether the Trustee can have any refunds "diverted" directly to the Trustee. Does not modify the fact that you may have to pay the Trustee.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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              #7
              Ohh I see. So even though the trustee can no longer grab refunds before you receive them, it doesn't mean the trustee will not get them somehow then.

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                #8
                Right, spearmint, that is the way I see it, too. I had to include language in my Confirmation Order that says I will turn over to my Trustee any Federal Income Tax Refunds received within so many days after I receive them. But for the last many years, I did whatever I could to break close to even on that front anyway. I never believed in letting the IRS be my savings plan without paying me interest. So I typically either owed less than $100 or was getting less than $100 back all the time.

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