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State income tax refund being "held" -- creditor listed in BK

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    #1

    State income tax refund being "held" -- creditor listed in BK

    We got a letter from the State of Michigan that they are "holding' our refund. They have a creditor (actually an atty for the orig creditor) listed, that I guess has a "lien" on our refund. However, that debt is listed in our BK matrix. There is a form to respond, but nowhere to list BK as the issue at hand. Any suggestions?

    Hoping for brighter skies ahead...
    4/7/07 Filed Ch7 :unsure:
    6/6/07 341 meeting done :blink:
    8/5/07 last day for objections :yes2:
    8/23/07 DISCHARGED!!! :yahoo::yahoo::yahoo:
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    #2
    Originally posted by brokeinmichigan View Post
    We got a letter from the State of Michigan that they are "holding' our refund. They have a creditor (actually an atty for the orig creditor) listed, that I guess has a "lien" on our refund. However, that debt is listed in our BK matrix. There is a form to respond, but nowhere to list BK as the issue at hand. Any suggestions?
    Liens in bankruptcy can be tricky. Did you file with a lawyer? If you did, call your lawyer to inform him/her about this as soon as possible.

    If you filed pro se (without a lawyer), it could be well worth buying an hour of an experienced bk lawyer's time in your area to help you respond appropriately and ensure you get your refund back in total (assuming the refund amount is more than a few hundred dollars).
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !
    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      We just had the same thing happen to us!

      Our attorney isn't much on discussing anything with me since we have been discharged, so I didn't even call him about it. I called the creditor directly and informed them that the debt was included in a bankruptcy, and asked them how to rectify the situation. My creditor was local, so all it took was a drive to the office with proof of bankruptcy & discharge. They printed out a check for the amount that had been witheld from the taxes and I was on my way.

      Hopefully it will be that easy for you, too!

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