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despritfreya
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Last Activity: Today, 01:08 PM
Joined: 08-01-2010
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  • despritfreya
    replied to Chapter 13 and tax return question
    If you are required to turnover to your Trustee your tax refunds then not doing so without a stipulation between you and the Trustee will be a problem.

    In the past I have worked out agreements with the Trustee to allow the client to divert a portion of the refund - however, to make up...
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  • despritfreya
    replied to Ch13 100% + 2 rental Properties
    1. In a 100% repayment plan you pay all allowed claims in full - nothing more, nothing less. If you owe $60k in unsecured debt and all creditors file timely claims you will pay $60k plus the Trustee's fee (up to 10%) plus your attorney's fees. If you have secured debt such as a vehicle you will probably...
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  • I believe the problem is that you have a fundamental misunderstanding about Chapter 13. Your attny can, in the beginning, set up a Plan that pays basically nothing to the general unsecured creditors. However, that is not the end of the analysis. If, you can "afford" to pay more, then you...
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  • justbroke I really don't have much for this thread but I do think Georgia has an exemption for personal injury claims. I think it is a $10k exemption that can be stacked but I am not sure. I would also think that if the insurance company has a claim to subrogation (or some sort of medical lien), it...
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  • Word of caution. When calculating the three years it begins when the return was legally due. If an extension was requested the return was not legally due until October of a particular year, not April.

    Ergo, and without anything other analysis,

    2016 became due on October 15,...
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  • Not sure if this will work. If it does, this post attaches the actual Order issued in Kenney that I reference above.

    Edt to add: Wow, it worked - now I know I don't have to copy and paste. Also, this decision was not appealed.

    justbroke If the attachment is TMI regarding personal...
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    Last edited by despritfreya; 01-22-2020, 06:11 AM.

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  • I do not believe that a creditor, absent some state statute (or case law in the district) has an affirmative duty to release the judgment lien. Here in Arizona, since judgment liens do not attach to homestead property there is no need to do a 522f motion. If you wish to sell your homestead post discharge...
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  • I need to put this issue to rest which I attempted to do very politely.

    bcohen is absolutely correct. . . Judgment liens. . . even in California. . . do not attach to after acquired property. Now, there may be a jurisdiction or two that state otherwise but here is the view of the vast majority....
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