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Tax refunds in 13 - LBR 3015-1(o)
Unlike many other trustees NC typically pays out general unsecured creditors at the percentage in the confirmed plan and doesn'tautomatically increasing the percentage to general unsecured creditors.
If the confirmation order doesn't provide for turnover of tax refunds and there isn't a motion to increase percentage payout, debtors that voluntarily send in tax refundsshould complete their plans earlier than expected.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, March 24, 2015 3:19 PM, "sam@southbaybk.com [cdcbaa]" wrote:
I don't see how this turnover demandcan be enforced if it is not required by the confirmed plan. I am planning on advising my clients who do not have a confirmed plan which requires the turnover of refunds to refuse the requested turnover,but also advising them that there is a risk attached to the refusal. I am also going to put together a letter to the trustee requesting a citation toher authority for the proposition thatshe can demand turnover without first seeking to modify the plan - although I am concerned that I may be opening a can of worms. #yiv
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Reply-To: Holly Roark
X-Original-Return-Path: Holly Roark
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
It's not in the order. I am taking the position that without an order modifying the plan then it's not required. I suppose she could file a MTD then if she wants to force the issue, but I would fight it.
Best regards,
Holly Roark
Attorney at Law
Roark Law Offices
Phone: (310) 553-2600
Fax: (310) 553-2601
Cell phone: (818) 648-3238
E-mail: holly@roarklawoffices.com
*Cycle Sport Lawyer: www.cyclesportlawyer.com
*Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization
www.bankruptcyattorneyinlosangeles.net
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> On Mar 24, 2015, at 1:20 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa] wrote:
>
> I -- and I'm guessing you, too, -- have multiple clients in confirmed Chapter 13 cases that just got a letter from Nancy Curry's office requesting tax refunds from past years. I -- like you -- tell clients verbally and in writing that tax refunds go into the plan. Still, here we are, with stressed out clients who don't have the thousands that were received from years past and are now long spent. Interestingly, the Orders Confirming don't mention tax refunds going to the trustee. How are you all going to handle this, and is it worth disputing this somehow because it's not in the Order?
>
> Hale
>
The post was migrated from Yahoo.
X-Original-Return-Path: Holly Roark
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
It's not in the order. I am taking the position that without an order modifying the plan then it's not required. I suppose she could file a MTD then if she wants to force the issue, but I would fight it.
Best regards,
Holly Roark
Attorney at Law
Roark Law Offices
Phone: (310) 553-2600
Fax: (310) 553-2601
Cell phone: (818) 648-3238
E-mail: holly@roarklawoffices.com
*Cycle Sport Lawyer: www.cyclesportlawyer.com
*Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization
www.bankruptcyattorneyinlosangeles.net
Sent from my iPhone
> On Mar 24, 2015, at 1:20 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa] wrote:
>
> I -- and I'm guessing you, too, -- have multiple clients in confirmed Chapter 13 cases that just got a letter from Nancy Curry's office requesting tax refunds from past years. I -- like you -- tell clients verbally and in writing that tax refunds go into the plan. Still, here we are, with stressed out clients who don't have the thousands that were received from years past and are now long spent. Interestingly, the Orders Confirming don't mention tax refunds going to the trustee. How are you all going to handle this, and is it worth disputing this somehow because it's not in the Order?
>
> Hale
>
The post was migrated from Yahoo.
I -- and I'm guessing you, too, -- have multiple clients in confirmed
Chapter 13 cases that just got a letter from Nancy Curry's office requesting
tax refunds from past years. I -- like you -- tell clients verbally and in
writing that tax refunds go into the plan. Still, here we are, with stressed
out clients who don't have the thousands that were received from years past
and are now long spent. Interestingly, the Orders Confirming don't mention
tax refunds going to the trustee. How are you all going to handle this, and
is it worth disputing this somehow because it's not in the Order?
Hale
I -- and I'm
guessing you, too, -- have multiple clients in confirmed Chapter 13 cases that
just got a letter from Nancy Curry's office requesting tax refunds from past
years. I -- like you -- tell clients verbally and in writing that tax refunds go
into the plan. Still, here we are, with stressed out clients who don't have the
thousands that were received from years past and are now long
spent. Interestingly, the Orders Confirming don't mention tax refunds going
to the trustee. How are you all going to handle this, and is it
worth disputing this somehow because it's not in the
Order?
Hale
The post was migrated from Yahoo.