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Anyone ever filed Chapter 13 Bankruptcy-I have a question

Under Chapter 13 do you know if you receive a income tax refund are you able to get the refund or does the court get it? I have tried to find the answer and I don't seem to be able to locate it-thanks for your help

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Anonymous

Asked by Anonymous at 7:18 PM on Jan. 9, 2009 in Money & Work

Answers (5)
  • Call the IRS and ask. They have a 1-800 number. I did a bankruptcy but they didn't take my tax refund.
    admckenzie

    Answer by admckenzie at 7:23 PM on Jan. 9, 2009

  • We filed for Chapter 13 5 years ago. We will have it paid off in October.

    We always got our tax refund.

    Talk to your attorney to be sure. I think you can opt in to the trustee getting your refund, but they won't garnish it.
    Anonymous

    Answer by Anonymous at 7:32 PM on Jan. 9, 2009

  • I work for a bankruptcy attorney (creditor). I think it matters on your Plan. If you are only going to be paying back 5% owed to Creditors and you get $5,000 IRS refund, one of the creditors will probably object to the Plan to say that you need to give your refund. But if your Plan is 3 years and has payout to creditors in the high 90%, chances are you can keep your refund. Really depends on how much you owe and how much you're able to pay back, not taking into account the refund.
    mom-of-two

    Answer by mom-of-two at 7:46 PM on Jan. 9, 2009

  • Did you find a lawyer who will do a 13? Most I talked to refused to do it unless the courts forced it or you had to do a 13. A 13 is much more costly have you tried CCCS? It is cheaper then attorney fees if you find the right one.
    Anonymous

    Answer by Anonymous at 5:17 PM on Jan. 10, 2009

  • We had to do a 13 for 5 years due to medical reasons and they get our income tax return and also the last stimulos money to help the eco. with! How that money is to help stim. the eco. when it is going to our depts, beats me! Its like people getting the stim. check to spend and help the eco. but are paying their credit cards with it! That money is gone and not helping the world eco. in which it was intended to do. We always paid house taxes with our income tax money now we have to figure out how to get the money from the 150.00 a week they leave us to live on!
    Anonymous

    Answer by Anonymous at 3:06 AM on Jan. 12, 2009

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