Question

Do I have to give the trustee my tax refund?

If you have filed for a chapter 13 bankruptcy, do you have to give a tax refund to the trustee?
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Answered By: Klinger Law Center
The answer to that question depends on your Chapter 13 plan, your Chapter 13 Trustee, and the district within which you are filing. For example, in the Southern District of California that is not a mandatory provision of the Chapter 13 plan, but it is something that may be negotiated with the Trustee. However, in some other districts it is mandatory. I can not answer that question without more specific information.

Answer Applies to: California
Replied: 8/20/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Halpern Law Offices
Yes, you do have to give the tax refund to the trustee. Call me for more details.

Answer Applies to: California
Replied: 8/19/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
If the trustee asks for it, then yes it must be returned.

Answer Applies to: California
Replied: 8/19/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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