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Does anyone know what the tax refund limit is in Southern Ohio? Or should I say, how much of a refund can I get before the Trustee will ask me to hand it over?
Thanks,
Lefty
Filed Ch 7 - January 29th, 2008
341 - February 29th, 2008
Discharge - June 20th, 2008
Closed - October, 2008
This is a question you need to ask your lawyer, lefty. There is tremendous varation between trustees' practices around tax refunds across the US. And even if a member here had the same trustee you did, it's still no guarantee the same thing will happen for both of you. Different individual circumstances in bk cases can create different outcomes - happens all the time.
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
I'm in the southern district of ohio. I filed CH 13 in Sept 07. I am allowed to keep tax returns under $6500, but the rules might be different for CH 7 or it might depend on the payback plan (mine is 65% to unsecured) I don't know. Frank Pees in Columbus is my trustee, and he seems quite fair about such things, at least from my limited experience over the past 5 months. The previous poster is right, you will want to double check with your lawyer tho. I got a booklet of info from the trustee from his pre-341 class (only those who live in Columbus have to go to the class, I live outside Columbus but got the booklet at my 341) and it said that for CH 13, most people can keep their tax returns (don't know what "most" means, just that my lawyer told me as long as mine was under $6500, to consider myself to be included in the "most" category) but that they have to get paper checks, no electronic deposit.
Filed CH 13 September 17, 2007
Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!
Thanks Woeisme. I'm a borderline 7, so I may end up with Frank Pees also if they won't let it go through. That's actually a pretty generous amount that they let you keep from your tax refund...hopefully I'll know if I'm going 13 or not before April 15th.
Lefty
Filed Ch 7 - January 29th, 2008
341 - February 29th, 2008
Discharge - June 20th, 2008
Closed - October, 2008
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