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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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I filed a Chapter 7 bankruptcy on 02/08/2012. I recieved a

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I filed a Chapter 7 bankruptcy on 02/08/2012. I recieved a tax refund on 02/07/2012. Before discharging my bankruptcy, the trustee requested the part of that refund be sent to the bankruptcy estate. Becuase the refund was gone by the time she requested it. She created an arrangement where I would pay a little of $4000 to the estate and make a payment of $50 a month starting on August 15, 2012 and I would pay the remainder with my 2012 tax refund. My issue is that I do not see in my case where the trustee has filed the arrangement. Was she not obligated to file it? I thought everydocument should be filed.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

Thanks for your question. Note, the trustee does NOT need to file the arrangement that she made with you as this is not a court order or pleading. On the other hand, if you breach this agreement, she will file a motion with the court that you have received assets that are the property of the estate. Further, she can seek a dismissal of your case if you do not complete the repayment agreeement. Needless to say, the trustee has a lot of power.
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Customer: replied 4 years ago.


Thank you for your answer :-) My other question...Will the trustee be allowed to intercept my entire refund or just the amount that was stated in the arrangement? The trustee filed a Motion to Hire an Attorney to help her decide what is due to the estate, but I never recieved a copy of that motion. How I found out about the trustee filing a Motion to Hire an Attorney, was that I received an order granting her motion and went online to view my case. The order to grant the trustee's motion was dated a day after she filed the Motion to Hire an Attorney. I have not breached our agreement and have been making the payments as agreed upon. I just want to know what to expect. Will her being granted to hire an Attorney be something that will affect me financially? I noticed that in her Motion each Attorney that she has staffed list his/her hourly fee.

If you breach the agreement, the trustee will notify the IRS and claim your entire refund and then return to you the part that is still owing to the Estate. Likewise, the trustee is required to hire counsel to assist her. But if you have not breached the agreement, your 2012 refund will not be affected.
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