Has anyone specifically asked their lawyers yet??

[wooisme]

I'm way too chicken to ask mine anything and every time i do try to contact him he either doesn't answer me or doesn't get back to me. My plan was already confirmed 7 months ago.

but has anyone come right on out yet and asked their lawyers if you can keep the rebate from Bush when they start coming out in May?

I don't want to ask mine...

[billybob37]

My lawyer said the trustee will not take any of the rebates.

[rrockinggramma]

My lawyer told me that the trustee was not taking our rebate as well. Eastern district/Michigan

[MajorMike]

I just spoke to the IRS and even if you owe back taxes, EVERYONE that files their 2007 taxes will get the stimulus refund. IT WILL NOT BE HELD!

[wooisme]

Well then that's a strong argument for us who are chapter 13 filers. even the federal government is giving this to those who owe back taxes ....it would be a very strong argument if the trustee tries to take it, I for one would fight it and contest it if he tries to take mine since it's meant to kick start the economy....paying it to a creditor would defeat the purpose of that wouldn't it?

[wooisme]

MajorMike....what you said about getting the rebate even if you owe past years federal income tax and back taxes is wrong or the person you spoke to is wrong. I just went to the website and this is under the frequently asked questions:

"Q. I'm eligible for a payment but I still owe federal income tax from a prior year. Will my payment be reduced?

A. Yes. For this purpose, the stimulus payment is treated like any other tax refund. This means that part or all of your payment can be used to pay past-due federal or state income taxes or non-tax federal debt such as student loans and child support. If this occurs, you will receive a letter explaining how the stimulus payment was applied."

[Skorpnix]

MajorMike....what you said about getting the rebate even if you owe past years federal income tax and back taxes is wrong or the person you spoke to is wrong. I just went to the website and this is under the frequently asked questions:

"Q. I'm eligible for a payment but I still owe federal income tax from a prior year. Will my payment be reduced?

A. Yes. For this purpose, the stimulus payment is treated like any other tax refund. This means that part or all of your payment can be used to pay past-due federal or state income taxes or non-tax federal debt such as student loans and child support. If this occurs, you will receive a letter explaining how the stimulus payment was applied."

I posted a question on another thread but never received an answer. What happens if you "owe" the IRS in your case which they are scheduled to get through your payments BUT dont owe any current taxes and up to date? Since they already know they will get the money from me sooner or later via the plan do they say "screw that" and just keep the check and apply it to what I "owe"?

[helpless]

skorpnix, I don't know if this will help, but the first year that we filed taxes after our 13 we still owed the IRS $1200 and was expecting a refund of $899. Initially it did get held up, but when we called to see what the hold up was, they said that they had to hold it until they got confirmation of our plan. I thought that it would take months, imagine my surprise when about 4 weeks later, our refund showed up and the IRS still hadn't been paid through our 13 yet. Every year there has been a hold up, because we still owe $45 for the unsecured part (i wish the trustee would just pay this), but we always get our refunds.

[wooisme]

weird. the reason why I say weird "unless you owe back taxes or something" when I called the IRS last year , after we filed but before the plan was confirmed they told me that they do not interfere in that at all. they told me that I can go ahead anf file my taxes any way I want to and if I'm due the refund i can have it directly deposited into my account. That the trustee gets the copy from US if he asks for it and not from the IRS. But we do not owe the IRS any money now or from back taxes.........maybe that's the difference I don't know but it should would be nice to get a straight answer from someone

[krielly]

We were paying debt to the IRS through our plan, and they never "kept" our refunds. We have gotten them for the past 3 years now.

[SANRA308]

Yes I also seen the Q&A section that stated that the rebate could be reduced if you owe back taxes, but I would think that if you get your refunds you will probably get your rebat. The problem is that does not mean the trustee might not take it or part of it. I have not read anything that states that they can take it, but I have not seen anything that states they can't, and I think that will mean yes to many trustees. I'm sure it will depend on the trustee just like the tax refunds

[Ortgeist]

Ok- so we are supposed to get these checks starting in May? Or are we supposed to get them by the end of May? I've read conflicting stories lately in the news.
All I know is it's great timing considering I have 2 roofs to fix- my house and garage!

Also, if we can keep the money- I'll be stimulating the Disney economy since we will take a very cheap trip to Orlando. I haven't had a vacation in 7 years!!!

Here's to hoping & praying everyone!!!!

[Cali]

We aren't filing until the summer, so I guess if we get a rebate it will be spent by then.

[MajorMike]

Cali, why are you waiting so long?

[AboutToBK13]

If Cali's situation is like ours, we have been paying the lawyer payments since last October. Our final payment to the lawyer is March 21st. Then we can file.