When I file my taxes do I have to turn over my tax return to my attorney if I'm currently in Chapter 13 bankruptcy? 25 Answers as of February 14, 2014

I am currently in Chapter 13 this is my first year.

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
The answer depends on the provisions of your Chapter 13 plan as confirmed.
Answer Applies to: Indiana
Replied: 2/14/2014
Stephens Gourley & Bywater | David A. Stephens
That depends upon your plan, but the general answer is yes.
Answer Applies to: Nevada
Replied: 1/30/2014
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
In Connecticut I no longer collect tax returns after confirmation.
Answer Applies to: Connecticut
Replied: 2/3/2014
Fluhr & Moore, LLC | Steven S. Fluhr
Ask your attorney. You are still paying him for service through your entire case.
Answer Applies to: Missouri
Replied: 1/29/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you are in less than 100% payment plan then yes you do.
Answer Applies to: New York
Replied: 1/29/2014
    Hoang & Tran PLLC | Adam Tran
    Is there a reason you do not want to give the attorney your tax return?
    Answer Applies to: Texas
    Replied: 1/30/2014
    David Brodman
    David Brodman | David Brodman
    Your exemption should cover your refund but ask your lawyer.
    Answer Applies to: New York
    Replied: 1/29/2014
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Read your confirmed chapter 13 plan. Practice varies but it is common to require that a tax return and refund be turned over to the trustee (not atty) if you are paying creditors less than in full.
    Answer Applies to: New York
    Replied: 1/29/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Usually you do not.
    Answer Applies to: South Carolina
    Replied: 1/29/2014
    Idaho Bankruptcy Law | Paul Ross
    In Idaho you are required to turn over a copy of your tax return as soon as you file it to your attorney to provide to the Trustee. As soon as your tax refund arrives, you are required to forward it with your next monthly payment directly to the Chapter 13 Trustee. You do not need to even give the refund to your attorney. You are required to do this every year you are in your Chapter 13.
    Answer Applies to: Idaho
    Replied: 1/29/2014
    Kirby G. Moss PC | Kirby G. Moss
    If your Plan pays less than 100% of your claims, then you can keep 500 and rest goes to Trustee in your case. Give them the check and they will send back the 500. Check your Plan to be sure.
    Answer Applies to: Indiana
    Replied: 1/29/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    The Trustee will want to see them, yes.
    Answer Applies to: California
    Replied: 1/29/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You turn it over to the trustee. If in our jurisdiction it is the attorneys job to forward it to the trustee, give it to the attorney.
    Answer Applies to: California
    Replied: 1/29/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Yes, you should give the tax return to the attorney.
    Answer Applies to: New Jersey
    Replied: 1/29/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Turning over your tax paperwork to your attorney isn't required, but turning over your tax paperwork to your bankruptcy trustee is required. Read the terms of your Plan because you are responsible for complying with the Plan. By the way, the money (also called the tax refund) also usually must be turned over to your bankruptcy trustee. If your attorney is kind enough to make the effort to forward documents to the trustee to make sure this obligation is fulfilled, you should respond by complying promptly and without making your attorney turn into an angry and disappointed parent.
    Answer Applies to: Nevada
    Replied: 1/29/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, all tax refunds go to the trustee while you are in a 13.
    Answer Applies to: Nevada
    Replied: 1/29/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    No, not normally, unless you signed a stipulation with the Chapter 13 Trustee when you went to your creditors' meeting. The attorney should have made a note of this, so call him/her or their assigned paralegal. But normally, the prior year's tax return is the only return given to the Chapter 13 Trustee prior to the Creditors' meeting (typically).
    Answer Applies to: Colorado
    Replied: 1/29/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    Send your attorney a copy of your bankruptcy filing. The attorney will then review it to see what part is protected and what part may need to be paid to the court. The court usually allows the individual to keep $800.00 above the part of the refund connected to the earned income credit and child tax credit.
    Answer Applies to: Ohio
    Replied: 1/29/2014
    Havkin & Shrago | Stella Havkin
    Most chapter 13 trustees require the turn over of the tax refund for debtors in Chapter 13 bankruptcy. Therefore, you do have to turn it over.
    Answer Applies to: California
    Replied: 1/29/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes, it is required that you supply, usually through your attorney, a copy of your tax return each year.
    Answer Applies to: Michigan
    Replied: 1/29/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Usually yes. Either through the plan, the order confirming the plan or local rule, Chapter 13 debtors are usually required to turn over a copy of their tax returns during the duration of their plan to the Chapter 13 Trustee and the procedure to accomplish this is to give a copy to your attorney or your attorney's staff for the attorney to then give a copy to the Chapter 13 trustee.
    Answer Applies to: California
    Replied: 1/29/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    Usually the refund goes to the Chapter 13 trustee. You need to read your plan and perhaps talk with your trustee.
    Answer Applies to: Arkansas
    Replied: 1/29/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Many chapter 13 plans require that the debtor submit his or her annual tax returns to the trustee for review. If your lawyer is requesting copies then you should provide them. If you don't know whether you are required by your court or your trustee then contact your lawyer since he will best be able to guide you.
    Answer Applies to: Colorado
    Replied: 1/29/2014
    Westgate Law
    Westgate Law | Justin Harelik
    You may have to, yes. Some trustees require you to surrender your tax refund. You need to look at the order confirming your plan. That will say whether or not you need to surrender your refund.
    Answer Applies to: California
    Replied: 1/29/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    That depends on what is provided in your Chapter 13 plan as to turnover of tax refunds during the term of the Chapter 13 plan. Your attorney can tell you that.
    Answer Applies to: California
    Replied: 1/29/2014
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