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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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If you are to surrender your tax refund and you dont will

Customer Question

If you are to surrender your tax refund and you don't will a judge dismiss your chap 13 case when you are paying on time. Is there any circumstance where he can forgive and allow you to repay it back without taking you out of the program?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

A chapter 13 bankruptcy typically will be dismissed for failure to turn over assets as required by the bankruptcy court. If you have already spent the tax refund, you may consider submitting an amended payment plan to the bankruptcy court for approval that allows you to retain the refund.
Customer: replied 5 years ago.
If the money has not been spent and turned over at the hearing will your case be dismissed? just to be clear.
Expert:  Ellen replied 5 years ago.
Typically if a debtor turns over the refund as requested by trustee, the case will not be dismissed.