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Tax refund prior to a 13 filing

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    Tax refund prior to a 13 filing

    Hello all,

    Client received approx 12K tax refund in January, filing a 13 in
    February... Just would like some feedback on how it should properly be
    listed throughout the petition, in regards to B22, Schedule B and/or
    I, etc.

    Any feedback is greatly appreciated.

    Thanks!

    #2
    Hi,

    I would love to know the answer too! I gather you are an attorney or a paralegal. I have searched everywhere and can't find a good answer to the refund question. I'm meeting with my attorney wednesday and I better get a damn good answer to the question of tax refunds.

    It just blows my mind that this is some gray area. Everything else is cut and dry. Is it the fact that BK attorneys have to play ball with the trustee? I mean the trustee gets a % of the plan. And, the attorney wants things to go smoothly in all their cases. So, its Oh sorry client trustee gets the refund thats the way it is.
    Another thing. Our trustee gets 8.2% of the plan. Dear Lord, what the heck does a trustee make from all these BK's at 8.2%? It has to be huge! Should have went to law school.

    Comment


      #3
      Unless there is an exemption, the client needs to spend it.

      For purposes of the means test, the tax refund is an asset, not income.

      Comment


        #4
        Originally posted by HHM View Post
        Unless there is an exemption, the client needs to spend it.

        For purposes of the means test, the tax refund is an asset, not income.
        I hope your right about this. I have asked the refund as income question and got varied responses. It seems to depend on how the trustee looks at it.
        "Don't let your wants overload your a**"
        (author unknown)

        Comment

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