Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Tax returns

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  • Tax returns

    I am at the end of our 1st year chapter 13, when I look at are confirmation agreement it says nothing about having to send tax returns, refunds or annual budgets to the trustee. But my attorney sent us a form type letter that said we had to. I am really confused because I thought the only thing that we were required to do was what was "ordered" by the confirmation. We do not want to get into trouble and not do something and get are case dismissed. I called the trustees office and she said we don't need to send anything when I gave her our case number. But not sure if i should just do it and be safe.

  • #2
    I am in a Chapter 13 100% pay back. My attorney told me we didn't have to send anything in since we are 100% payback. He also said we could keep any tax refunds since we are in 100% payback. I would do as your attorney says. Call him so he can look up your case directly.


    • #3
      In a 100% plan, you don't have to do anything special. If you're not in a 100% plan, the plan will read something to the affect of "all disposable income" (which is a catchall phrase). I would have called my attorney before calling the Trustee's office. I'm surprised that the Trustee's office didn't refer you back to your attorney.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        The trustees office was really helpful and said that we were not required to do anything other them make our monthly payments she asked for are case number so I am sure she looked it up. Our attorney is virtually impossible to get a hold of since the confirmation which leads us to do lot of stuff on our own. So what it show as ordered on the confirmation is not necessary what we have to do?


        • #5
          Your confirmation order is controlling. However, there may be language in their that suggests normal things done in that particular District. This is why I suggested getting back with your attorney if you have to call 5 times a day. (It is normal that many Chapter 13 attorneys are only "invested" in the case up until confirmation, since that is what the retainer actually provides in the contract for services.) I'm surprised that the Trustee spoke with a "represented" debtor. Where I live, the Trustee would have sent you back to the attorney for any interpretation of the confirmation order.

          I guess what I'm really saying is that you need to be able to discern the confirmation order. The representative in the Trustee's office was not providing any legal advice regarding the terms of the confirmation order (and should not). Usually, if the Trustee is interested in the "disposable income" produced by tax returns, then you are also required to submit a copy of your tax returns by April each year. If there is no such language in your Chapter 13 Order Confirming Plan, then you may not need to surrender tax refunds (or turn in tax returns). This is on a district-by-district and sometimes case-by-case basis. There is no one here on BKForum that can tell you whether your District, or your plan, requires the surrender of tax refunds and/or the filing of tax returns to/with the Trustee.

          Not to beat a dead horse, but since your attorney sent you the form letter, you should address this directly with the attorney.

          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.


          • #6
            I was able to look online at NDC and it says under case summary percent to unsecured or unsecured plan base 100% so I guess that's why the trustees office said I do my need to send anything in. I will try again to contact my attorney and talk to him about it to


            • #7
              If you're in a 100% plan, then you are not subject to sending in "disposable income" to the Trustee. You are paying everyone back! This is why each case is different and fact-specific. Because you are scheduled to pay back all your creditors -- those that filed a claim before the claim bar date -- you are not subjected to the things that other Chapter 13 debtors must content with.

              So, I feel sorry that you're in a 100% plan, but at least you're saving on interest.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              I am not an attorney. Any advice provided is not legal advice.


              • #8
                Don't trust what NDC says. It said that my plan was a 100% plan until near the end of the plan. It was far from a 100% plan.

                If your attorney doesn't return your phone calls, write a letter in response to his letter. Or, if the letter says to send a copy of your tax return to the trustee, send a copy when it is ready and be done with it.
                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!


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