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One year Chp 13 last week, now what?

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  • One year Chp 13 last week, now what?

    I had my one year Anneversary last week with my Chapter 13 and I am waiting for either my trustee (Kane County IL) and or the Judge to ask me for something as for as documents. My attorney last week said all the Trustee will want is last years tax records, no problem, but I am hoping that he will not want my bank records. I did go to HSN and QVC to get a coffee pot and blender. I am always scared to do the wrong thing and then my case is thrown out and then here comes the wolves. Just need your advise and I trust all of you very much and thank you for this last year, you are a God Send!!

  • #2
    Hi there..don't stress out. If they want tax returns, that's all you have to turn over. They won't ask for anything else. You might want to contact your attorney to ask about turning over the tax return.
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

    Comment


    • lukesky
      lukesky commented
      Editing a comment
      Hey sophieanne, I will try not to stress. Even though a year has passed, there is still much to learn. Thanks

  • #3
    Yes, if you've been told that you are required to send copies of your tax returns, I would not wait for somebody to ask.

    The trustee doesn't care about your coffee pot purchase or any other purchase. If you make your plan payments, avoid incurring new debt without trustee authorization, send in tax returns if required and let your attorney know about any significant change in your income, everything will be fine. Live your life and try to forget about the BK, except when it is time to make that monthly payment.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


    • lukesky
      lukesky commented
      Editing a comment
      As always, LayInTheRed, thank you so much. My attorney did say that my Trustee will ask for last year tax returns, but no one asked yet. I ask my attorney if I should send them are give them to him to send.

  • #4
    Originally posted by LadyInTheRed View Post
    Yes, if you've been told that you are required to send copies of your tax returns, I would not wait for somebody to ask.
    If it's not in the confirmation letter, I don't have to send them, right?


    Comment


    • #5
      Originally posted by newlife13 View Post
      If it's not in the confirmation letter, I don't have to send them, right?
      Not necessarily, but debtors are usually informed by the trustee in some manner if they require copies of tax returns. If in doubt, ask your attorney.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


      • #6
        Originally posted by LadyInTheRed View Post

        Not necessarily, but debtors are usually informed by the trustee in some manner if they require copies of tax returns. If in doubt, ask your attorney.
        After my 341, my attorney told me to keep my head down, pay on time and not to expect to hear anything form the trustee. And to enjoy my life. ;-)

        Comment


        • #7
          I sure hope I can do the same newlife13, I just want to make my payments quitely and hope the next 5 years are faster than it sounds.

          Comment


          • #8
            You absolutely need to submit your tax returns every year when you have them. See the link for your trustee's preferred method of submittal. This is not optional.

            http://www.ilnb.uscourts.gov/trustees/kane

            Comment


            • lukesky
              lukesky commented
              Editing a comment
              Thank you but this is for the 341 creditor meeting and not for yearly, right? I did talk to my attorney about this and he said that my Trustee will let me know when to send them.

          • #9
            No. This is a yearly thing. They need to make sure your income doesnt go up drastically and this is really the only way to do that. You can wait for the trustee to ask via letter, but by then it will be through notices of motion to dismiss your case. You should not wait for that. Just simply email them a copy of your yearly tax return with your case number in the title of the email. As for your refund, you most likely will need to turn that over to the trustee as well. Some will be nice and let you keep a portion, but over that will need to be paid into the bk. As I said before, in your district this is not optional. You must send in the yearly tax return statement. And your trustee prefers it to be emailed.

            Comment


            • #10
              Originally posted by LadyInTheRed View Post
              Yes, if you've been told that you are required to send copies of your tax returns, I would not wait for somebody to ask.

              The trustee doesn't care about your coffee pot purchase or any other purchase. If you make your plan payments, avoid incurring new debt without trustee authorization, send in tax returns if required and let your attorney know about any significant change in your income, everything will be fine. Live your life and try to forget about the BK, except when it is time to make that monthly payment.
              I am so afraid now, my attorney says wait until he contacts you (which my attorney could care less) and here I hear "send them now". Even if I did, I would not know the proper way to send them to my Trustee and if he really wants them are not. If I do send them and he did not ask for them I would be setting my self up for something I cant afford right now. Not sure what to do!

              Comment


              • #11
                lukesky - I would do as Lady suggests. Make a call to your trustee's office and ask how to send them OR contact your lawyer and ask if you should send it to him to forward to the trustee
                I wouldn't play around with this,, I have read where a person was supposed to discharge and couldn't because tax returns had not been sent in - ultimately you are responsible.
                If your confirmation notice says they have to be submitted, it has to be done. (Are you hiding somethng)
                Filed Chapter 13 - 07/20/12
                Discharged 8/2/16

                Comment


                • lukesky
                  lukesky commented
                  Editing a comment
                  NO, I'm not hiding anything. Just want to do the right thing and that is very hard to do anymore. No straight answers from anyone like my attorney, who said " you donkt have to until he asks", and that was it. Not what to do if he asks, how are what to send. No wonder so many people fail their 13!

              • #12

                lukesky , unless the returns reveal a significant increase in income over what was on your BK petition, I would rather send returns that aren't required than the other way around. All of the Chap 13 trustee websites in your district give instructions on how to send copies of returns. If there is an increase in income, you wouldn't want to give copies of the returns unless you know for certain they are required, but you should be talking to your attorney about whether you are required to disclose the income increase to the trustee.

                BriOS did you find conclusive information that annual copies of returns are required for all Chap 13 cases in the Northern District of Illinois? The page you linked to is "Ch 7 Trustee 341 preferences", but it does contain a link to a page of links to Chapter 13 trustee websites. I looked at the trustees' websites and the local rules and it is not clear whether all debtors are required to provide copies of their returns every year.
                One trustee's website has the following on his website:
                TRUSTEE POLICY REGARDING TAX RETURNS
                AND TAX REFUNDS EFFECTIVE FOR CASES
                FILED ON OR AFTER MAY 1, 2017
                TAX RETURN POLICY
                EFFECTIVE MAY 1, 2017, IN ALL CASES FILED WITH A CHAPTER 13 PLAN, PROPOSING TO PAY LESS THAN 100% TO UNSECURED CREDITORS, DEBTOR(S) SHALL BE REQUIRED TO PROVIDE THE CHAPTER 13 TRUSTEE A COPY OF THE CURRENT YEAR’S AND EACH SUBSEQUENT YEAR’S TAX RETURN ON OR BEFORE APRIL 20TH OF THE CALENDAR YEAR
                TAX REFUND POLICY
                EFFECTIVE MAY 1, 2017, IN CASES WHERE TAX REFUND LANGUAGE IS INCLUDED, ALL TAX REFUNDS IN EXCESS OF $1200.00 MUST BE PAID TO THE CHAPTER 13 TRUSTEE BY JUNE 30TH OF THAT YEAR


                While this policy is referred to on at least one other Chap 13 trustee website, it is unclear whether it applies to all non-100% cases, or just specific trustees who choose to require annual returns. It also unclear what the policy is for cases filed before May 1, 2017. The trustee for Kane County does include a requirement to send copies of returns in his preferred plan language. The instructions that direct that returns be emailed begins "If the debtor is required to provide tax returns to the Trustee each year..."
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment


                • lukesky
                  lukesky commented
                  Editing a comment
                  No, I am not hiding anything. I am just trying to do the right thing, which is very hard when my attorney does not care. I asked him weeks ago and all I got was " you donkt have to until he asks". okay, then what? How and what do I really send him? I am so upset with this. NO wonder so many people fail their Chapter 13!

              • #13
                Originally posted by LadyInTheRed View Post
                lukesky , unless the returns reveal a significant increase in income over what was on your BK petition, I would rather send returns that aren't required than the other way around. All of the Chap 13 trustee websites in your district give instructions on how to send copies of returns. If there is an increase in income, you wouldn't want to give copies of the returns unless you know for certain they are required, but you should be talking to your attorney about whether you are required to disclose the income increase to the trustee.

                BriOS did you find conclusive information that annual copies of returns are required for all Chap 13 cases in the Northern District of Illinois? The page you linked to is "Ch 7 Trustee 341 preferences", but it does contain a link to a page of links to Chapter 13 trustee websites. I looked at the trustees' websites and the local rules and it is not clear whether all debtors are required to provide copies of their returns every year.
                One trustee's website has the following on his website:
                TRUSTEE POLICY REGARDING TAX RETURNS
                AND TAX REFUNDS EFFECTIVE FOR CASES
                FILED ON OR AFTER MAY 1, 2017
                TAX RETURN POLICY
                EFFECTIVE MAY 1, 2017, IN ALL CASES FILED WITH A CHAPTER 13 PLAN, PROPOSING TO PAY LESS THAN 100% TO UNSECURED CREDITORS, DEBTOR(S) SHALL BE REQUIRED TO PROVIDE THE CHAPTER 13 TRUSTEE A COPY OF THE CURRENT YEAR’S AND EACH SUBSEQUENT YEAR’S TAX RETURN ON OR BEFORE APRIL 20TH OF THE CALENDAR YEAR
                TAX REFUND POLICY
                EFFECTIVE MAY 1, 2017, IN CASES WHERE TAX REFUND LANGUAGE IS INCLUDED, ALL TAX REFUNDS IN EXCESS OF $1200.00 MUST BE PAID TO THE CHAPTER 13 TRUSTEE BY JUNE 30TH OF THAT YEAR


                While this policy is referred to on at least one other Chap 13 trustee website, it is unclear whether it applies to all non-100% cases, or just specific trustees who choose to require annual returns. It also unclear what the policy is for cases filed before May 1, 2017. The trustee for Kane County does include a requirement to send copies of returns in his preferred plan language. The instructions that direct that returns be emailed begins "If the debtor is required to provide tax returns to the Trustee each year..."
                Thank you so much LadyInRed for all of your efforts, you go through so much to help and I appreciate it. I am going to send them to my attorney and maybe I can get him to send them to my trustee, and if he does not, then I will tell my trustee that my attorney is lazy so blame him. Thanks

                Comment


                • #14
                  @Lukesy - I didn't think you were hiding anything . Did you look at your confirmation document??? It would tell you if you had to submit documents or not. I'm sorry your attorney isn't more helpful, but I know you're doing the right thing by submitting them.. Even if the attorney messes up, you're the one who will pay the price, not the attorney (even if you blame him). You're not going to get in any trouble submittng the return. And look where you are, 1 year down and 2 to go
                  Last edited by sophieanne; 08-31-2017, 06:11 PM.
                  Filed Chapter 13 - 07/20/12
                  Discharged 8/2/16

                  Comment


                  • #15
                    Originally posted by sophieanne View Post
                    @Lukesy - I didn't think you were hiding anything . Did you look at your confirmation document??? It would tell you if you had to submit documents or not. I'm sorry your attorney isn't more helpful, but I know you're doing the right thing by submitting them.. Even if the attorney messes up, you're the one who will pay the price, not the attorney (even if you blame him). You're not going to get in any trouble submittng the return. And look where you are, 1 year down and 2 to go
                    Thank you sophieanne, your right. I will call my trustee, already called my attorney (ha), and see what to do . It's such a simple process and I just want to do it right. Your the best.

                    Comment

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