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Question on filing, a 1 time bonus, and tax refund

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    Question on filing, a 1 time bonus, and tax refund

    Ok

    I received a 1 time bonus in July (5k) for referring a new employee. I am getting an annual bonus on Feb 1st (8k). The annual bonus is not guaranteed each year. Half the people in my office got no bonus this year and I only received one 2 of the last 5 years. Basically I want to try and keep the bonuses off my income for the trustee to base my monthly payment on.

    For my previous 6 months of income it works out to my advantage to file in February and use August - January as my prior 6 months. I will provide my prior 2 years tax returns as well to show I got a bonus 1 year but not the prior.

    I want to use the Feb bonus to fix my car ($500-$1000), fix a couple of things in my condo ($500-$1000) pay off a secured loan (furniture - $1800), and pay the appraiser for my condo (lawyer says I need an official appraisal to show the trustee my condo is worth less than what I owe). The furniture loan is 0 percent interest until May and then is 25% after. With the furniture about $500 of accrued interest will be added to the total in May so the $1800 becomes $2300. I figure since an 8k bonus will be around $5000-$5500 after taxes that there will be only a couple thousand left that I may use to pay down my car loan a bit, apply to my mortgage, or if the right deal presents itself I can settle with one of my credit cards (right deal would be 25% or less settlement since the trustee will be paying them around 50% based on the initial numbers my lawyer has compiled).

    I also expect to receive about 6k in a tax refund this year after filing.

    I tried to check case law in NJ but nothing exists for tax refunds. I have a feeling the trustee will take it this year but you never know. For next year I will adjust my deductions so I will not get as large a refund.

    How does it work if you file 1 month and then get a bonus between filing and the 341? Or filing and getting your plan set but then getting a bonus after the plan is confirmed? With my income the bonus is less than 10% of the my annual income.

    Would paying off the furniture or settling a card be considered a preferred payment that the trustee may disallow?

    My argument to keep a portion of the tax return and bonus is because my condo is in negative equity and i would like to pay it down. I owe about 17 percent more than it is worth right now but I expect it to recover to break even in about 3 years.

    I need to call my lawyer next week to let him know about this so we can adjust our strategy and preliminary numbers.

    #2
    Originally posted by njguy1972 View Post
    Ok
    How does it work if you file 1 month and then get a bonus between filing and the 341? Or filing and getting your plan set but then getting a bonus after the plan is confirmed? With my income the bonus is less than 10% of the my annual income.
    Your filing is based upon your financial situation at the time of filing and your financial estate is under the control of your Trustee so that means if there are changes in income, up or down, during the course of your Plan from filing to discharge, those changes need to be reported to your attorney. In order to find out if there is any leeway as to what amounts need to be reported (i.e., your 10% figure), your attorney can correctly advise you for your area/state. What you want to do and can do will probably be two different things as to your bonus.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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