Can my trustee obtain my tax refund after making my final chapter 13 plan payment? 13 Answers as of February 20, 2014

I will be making my final chapter 13 payment in 2 weeks and will complete my confirmed plan payments. The trustee is requesting a copy of my 2013 tax return. Can the trustee obtain my tax refund after all plan payments have been made?

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Stephens Gourley & Bywater | David A. Stephens
That depends on the terms of your plan.
Answer Applies to: Nevada
Replied: 2/20/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
Look at your confirmation order. It will say what you are required to pay.
Answer Applies to: Nevada
Replied: 2/18/2014
Steele, George, Schofield & Ramos, LLP
Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
Most likely, the trustee wants to determine if you had a change in income. If you have a significant increase in income, it is possible that you should have paid more into your plan. You should see your attorney to discuss your particular circumstance.
Answer Applies to: California
Replied: 2/18/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
What does the confirmed plan state? A 2013 tax refund would likely belong to your creditors if you did not complete your plan in 2013.
Answer Applies to: New York
Replied: 2/18/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
That is a question for your bankruptcy attorney. I cannot give advice on the details of your plan.
Answer Applies to: Arkansas
Replied: 2/19/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It will depend upon the working of your plan and the standard practices in your jurisdiction. Call your lawyer, he or she is the one who can best answer your question.
    Answer Applies to: Colorado
    Replied: 2/18/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    It is standard procedure to ask for your returns, but they also have the authority to get more money out of you. There was probably a provision for that in your plan.
    Answer Applies to: California
    Replied: 2/18/2014
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes, if it was a condition of your chapter 13 plan that it be paid. Your plan was an order of the court. You must obey it to get your discharge.
    Answer Applies to: Michigan
    Replied: 2/18/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Technically you are to contribute all tax refund checks received while you are in bankruptcy in addition to your plan payments, so it just depends in when you receive your refund and when your case is closed.
    Answer Applies to: Nevada
    Replied: 2/18/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you are past the plan term length I would argue "no". If there are remaining months, then yes the trustee could get it. I would check with local counsel as Order of confirmation vary.
    Answer Applies to: California
    Replied: 2/18/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    That will depend on the plan that was approved by the Court. Most likely you will need to submit the returns and seek clarification from the trustee through your attorney.
    Answer Applies to: Indiana
    Replied: 2/18/2014
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