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Tax Refund with new Spouse / Prorate Afidavit

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    Tax Refund with new Spouse / Prorate Afidavit

    Hello,

    i filed chapter 13 with my now x wife in 2015.

    i remarried in 2016 and have continued sending joint tax returns with my current wife to the trustee.

    We filed our taxes and the trustee has received our refund and the trustee website displays the following update

    “Letter to Attorney ,2018 Prorate Affidavit attached.Placed hold on 2018 Tax refund (joint) Waiting on prorate affidavit to process. Increased base so case doesn’t look ready to close”

    i would appreciate any information that anyone can provide.

    #2
    Not directly related to your question, but did you tell your attorney about the new marriage in 2016 (and the divorce in 2015)? Did you go through the process of looking at your Means Test and Schedule I/J before/after the divorce and subsequent marriage? Were there any impacts related to alimony (or a change in domestic support obligations) affected by the 2015 divorce and/or 2016 marriage?

    As for what the Trustee website has notated, I can't tell you what their cryptic shorthand means at all. At minimum, it reads, to me, that your Trustee will need to have you provide an affidavit regarding some aspect of that 2018 refund.

    The increase in the plan base always happens when there are unanticipated tax "refunds" that are received. Your plan base is based upon the monthly payment to the Trustee multiplied by the number of months in the plan. It's the amount that you "must pay" in order to get to the discharge. If additional money comes into the debtor's account, then the Trustee must increase the base plan by that amount, so that it doesn't look like the plan is completed earlier than anticipated.
    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.

    Comment


      #3
      Thank you for your reply.
      The lawyer and trustee are aware of my divorce and remarriage.
      The lawyer returned my call a few moments ago and stated for my new spouse to come in and sign an affidavit. The lawyer also mentioned her part of the return cannot be touched due to not being in the case, my portion however the trustee keeps anything over $1,000.

      Why does my wife have to sign an affidavit when she is not in the case , because we filed jointly?

      Thanks

      Comment


        #4
        Originally posted by VikingsGuy View Post
        Why does my wife have to sign an affidavit when she is not in the case , because we filed jointly?
        Probably to avoid any issues with the Trustee taking a portion of the income tax return. Just to dot the i's and cross the t's.

        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.

        Comment

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