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Category: Bankruptcy Law
Satisfied Customers: 17223
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My wife and I filed for Bankruptcy a couple years ago and we

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My wife and I filed for Bankruptcy a couple years ago and we where never told that we needed to turn over our income tax check to the trustee till the day of the hearing. Is there something we can do?


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on


If this is a chapter 13 a tax refund and copy of your tax return should have been given to the trustee every year, so you can send the refund as soon as possible, if you have not, and this is a chapter 13, you can advise the trustee you were not aware of this rule, and ask to pay back the refund through an increase in monthly payments,


At this point you need to send the trustee a letter stating what was given as a refund, and that you can pay it back through a payment plan

Customer: replied 4 years ago.

Should the attourney be held liable for not doing his job that he was hired for. By that I mean that we where never told about the tax thing. Or is it that they can do whatever they want and not be held accountable?

He was supposed to advise of this, and the petition should have clearly stated this, you can file a grievance with the State bar against him, however their is little else you can do.
Customer: replied 4 years ago.

Because hes a attourney you would say that. The firm didnt do there job. They never advised my wife or I about the income tax thing. They screwed up. Like we did with our debt and now our credit is shot to hell. They should pay for there screw up. I will take this to the trustee..

You have given us a negative rating, and I have given you the correct answer, I have advised you that your lawyer should have given you that advice, and if he did not he can be held liable for negligence, which means you can sue him or file a complaint with the bar
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