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Will the trustee approve or the court confirm a Ch 13 if 2010 taxes aren't done?
In 100% plans you can probably get it by but normally no. For those
plans less than 100% I suggest you include the following language in
your plan.
For less than 100% plans, the Debtor pledges to the plan all future,
post-petition, NON-EXEMPT tax refunds received during the plan. This
resolves the dispute over whether the 2010 tax refund should go to the
trustee after confirmation.
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You need to read the debtor the riot act. If she continues to be the flake
that got into debt, she will not ever complete a chapter 13. Bankruptcy is
a privilege, not a right.
If you have any questions or concerns, please contact my alter ego.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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My experience is: no, regardless of district or division.
I have been present when a Chapter 13 trustee tell one of my clients at the
341(a), in response to "we're getting an extension" something along the
lines of "*I* didn't give you an extension" along with a gentle suggestion
the returns were provided in the next 30 days.
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