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I am nearly a year into a chapter 13 Bankruptcy and recently…

Customer Question
I am nearly a year...
I am nearly a year into a chapter 13 Bankruptcy and recently recieved a letter from the court regarding my income tax refund
The letter informed me that I am required to send any amount beyond $750.00 to the court
My question is this:
The letter did not specify which year this would pertain to and as I filed and recieved my refund several months back (Feb 2010) I need to know if this is retroactive and affects the 2009 year
Submitted: 8 years ago.Category: Legal
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6/22/2010
Lawyer: loeblaw, Attorney replied 8 years ago
loeblaw
loeblaw, Attorney
Category: Legal
Satisfied Customers: 1,669
Experience: Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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It affects any refunds received during the course of the bankruptcy.

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Lawyer: loeblaw, Attorney replied 8 years ago
PLEASE HONOR THE HONOR CODE

REMINDER: As your question has been answered, please click ACCEPT so that I can receive credit for the answer and you can receive credit for your question. Clicking ACCEPT does not generate additional charges but only indicates your question was answered. We do not receive a salary; this is the only way we get paid so I respectfully XXXXX XXXXX you please click ACCEPT. Additionally, note that BONUSES and positive feedback are GREATLY appreciated. Should you need additional information or have additional questions please feel free to send me a question personally.
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Customer reply replied 8 years ago

I still have a question about the tax return

As I filed after 1/2 of the year had transpired dose this tie up all of the return?

A large part of the tax return was foe income earned prior to filing bankruptcy

I also decreased the withholding at the time of my filing so there would not be any excess income after that point

My 2010 tax return will probably not result in more than a $100.00 -$200.00 refund

 

If I am expected to send this excess cash to the bankruptcy court but no longer have it

due to paying legitimate bills (Repairs for car that is covered in the bankruptcy and traffic fines) what should I do now?

Lawyer: loeblaw, Attorney replied 8 years ago
It wouldn't matter that it was for income prior to the return, the bankruptcy also deals with debts incurred prior to the return. Anything that is filed after the date of bankruptcy filing falls within the discretion of the Court. As for excess cash, if you have an attorney handling your file you should report what happened to him to get direction from the trustee.
If you are handling it personally you need to let the trustee know, and the sooner the better. You will probably need to do an immediate payment plan.
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Lawyer: loeblaw, Attorney replied 8 years ago
PLEASE HONOR THE HONOR CODE

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