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What Happens after Confirmation?

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    What Happens after Confirmation?

    Hello All,
    Can somebody tell me what kind of microscope to expect after the confirmation? Basically, once everything is in place and the money is being repaid, what is to be expected in regards to any extra funds or employment I may come into? I've already been told to expect my tax refund to get sucked up, so this leads me to believe that any extra funds, raises, or other money gifts (very rare and very minimal) are going to be subjected to the court. Is this a valid concern. Please help and clarify....thanks.

    #2
    Originally posted by lostandconfused View Post
    Can somebody tell me what kind of microscope to expect after the confirmation? Basically, once everything is in place and the money is being repaid, what is to be expected in regards to any extra funds or employment I may come into? I've already been told to expect my tax refund to get sucked up, so this leads me to believe that any extra funds, raises, or other money gifts (very rare and very minimal) are going to be subjected to the court. Is this a valid concern. Please help and clarify....thanks.
    There isn't one answer we can give you because there's quite a variation between district and trustees in how they handle these situations. An experienced local bankruptcy lawyer can give you a good idea of what to expect with your trustee around tax refunds, extra income, job changes, gifts, etc.

    Generally, income increases over 10% of your gross income and gifts over $1,000 will be of interest to most trustees. However, after filing your trustee will tell you or give written instructions about what he/she expects to be notified about.
    Last edited by lrprn; 08-11-2007, 09:32 AM.
    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

    Comment


      #3
      Ok, now I'm confused. I was told by my attorney that I get to keep any tax refunds. They do not go to the Trustee.

      Comment


        #4
        Originally posted by CityGirl View Post
        Ok, now I'm confused. I was told by my attorney that I get to keep any tax refunds. They do not go to the Trustee.
        CG, whether a Ch 13 trustee wants your income tax return during your active case varies from district to district and trustee to trustee.

        You are lucky - apparently your Ch 13 trustee is one that doesn't care about refunds. However, ours has asked to see our returns every year and will take anything over $2,000. Other trustees will take every penny. The law says nothing about this, so it depends completely on the trustee's preferences and your bk court's prior ways of handling tax refunds.
        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

        Comment


          #5
          I am under the old law and the trustee has never wanted to see my tax returns nor has he ever taken my tax refunds. I make my payment on time every month and stay waaaaaaaaaay under the trustee's radar.
          sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

          Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

          Comment


            #6
            I was told by my attorney that our trustee never asks for anything either and that he is too busy to be concerned. Thank GOD!


            Originally posted by $$only4ever View Post
            I am under the old law and the trustee has never wanted to see my tax returns nor has he ever taken my tax refunds. I make my payment on time every month and stay waaaaaaaaaay under the trustee's radar.

            Comment

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