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Okay now I am really starting to get worried...

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    Okay now I am really starting to get worried...

    I need some reassurance or some other opinions on this. Please note that I will not take any answers as legal advice, I am just looking for others thoughts.

    Here is the Deal I filled for BK feb 14 pro se one week before I recieved my tax return in the amount of 4,701. The tax return breaks down as follows

    I had 4,401 withheld
    my Tax liability was 3,699
    child tax credit of 3,699
    additional child tax credit of 301

    total return 4,702

    according to our state the amount of any child tax credit or earned income tax credit is exempt. However the trustee is claiming that the 3,699 for child tax credit was applied to the Tax Liability and the 3,699 I recieved was from income that withheld. Symantics I know, but we wont go there. A case like this has not been determined in our state as of yet and I will get to be the first (LUCKY ME!!!!). We have a phone hearing with the judge scheduled on the 18th with the judge, but I am beging to get antsy on this. The trustee offered a 50% deal which we blew off. What do you guys think should I call and try to make a deal with the trustee again.

    Also since the trustee is claiming that it is withheld income that I am recieving and not child tax credit would not that qualify under the 75% of wages are exempt?

    Again thanks for any thoughts in advance my stomach is really begining to turn circles on this...
    "Dont Piss down my back and tell me its raining."

    #2
    Well, I cant believe that each state looks at this so differently. I feel for you. I don't have an answer other than, this is the present and only a little lost of some money. You have to look at the future and that you will be soon free from your total debt.
    I know that we all need our money and every penny counts in this economy. But maybe you could look at it as money you paid to the tax man and were not going to get any back.
    I would wait and see what the judge rules.
    Good luck.
    Filed BK 3-31-08
    341 meeting 5-16-08
    discharge 7-18-08
    Fico 595 pre filing, Fico 587 post filing

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      #3
      Tom for peace of mind it might be worth it to get a lawyer to help you that is if you can afford one. I'm not sure of the nuances of your problem though or how it might be ruled
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

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