What to do when the debtor didn't give the Trustee his tax refunds
Posted: Wed Oct 23, 2013 8:49 am
To: cdcbaa@yahoogroups.com
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charsetndows-1252
Cohen changed his policy this year. They are now asking for the refunds.
Ramiro Flores Munoz
________________________________
415 W. Foothill Boulevard, Suite 202
Claremont, CA 91711
t. 909.908.6251
f. 888.674.9293
_________________________________
This email may contain information that is confidential or privileged. If you are not the intended recipient, do not read, copy or distribute the email or any attachments. Instead, please notify the sender and delete the email and any attachments. Thank you.
On Oct 23, 2013, at 8:36 AM, Giovanni Orantes wrote:
>
> I should have been clearer. I was suggesting that the attorney review the confirmation order to make sure tax refund turnover payments are even required because that requirement is not in the mandatory form plan (at least I can't find it and would welcome someone pointing it out to me). Of course, most likely the order does require tax refund turnover since most Ch. 13 judges give in to the trustees and require that they be turned over, but sometimes the refunds are not required, such as when your Judge is VZ and I recall Amrane Cohen does not push for that in his cases (because, as he expressly says, debtors can easily manipulate that so there is no refund, which makes him try to get a higher payment up front using the fact that debtors often claim fewer allowances in their W-4 so as to get refunds to say that the debtor really can afford a higher payment than the paystubs would suggest). I should explain that I am fortunate to have confirmed more chapter 13 plans than I care to count so I have compared the orders from the different judges before. Now, if the confirmation order does require the payments, the debtor can modify the plan to extend the term if there's any time left in the 5 years. Otherwise, the debtor better come up with the money. Nevertheless, I would contact the trustee's people to ask if we are ready for discharge first to see if the trustee even cares.
>
> --
> Giovanni Orantes, Esq.
> Certified Bankruptcy Specialist*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Board Certified - Business Bankruptcy Law - American Board of Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.
>
> IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
>
>
charsetndows-1252
Cohen changed his policy this year. They are now asking for the refunds. Ramiro Flores Munoz________________________________Claremont, CA 91711t. 909.908.6251f. 888.674.9293_________________________________This email may contain information that is confidential or privileged. If you are not the intended recipient, do not read, copy or distribute the email or any attachments. Instead, please notify the sender and delete the email and any attachments. Thank you.
On Oct 23, 2013, at 8:36 AM, Giovanni Orantes <go@gobklaw.com> wrote:
I should have been clearer. I was suggesting that the attorney review the confirmation order to make sure tax refund turnover payments are even required because that requirement is not in the mandatory form plan (at least I can't find it and would welcome someone pointing it out to me). Of course, most likely the order does require tax refund turnover since most Ch. 13 judges give in to the trustees and require that they be turned over, but sometimes the refunds are not required, such as when your Judge is VZ and I recall Amrane Cohen does not push for that in his cases (because, as he expressly says, debtors can easily manipulate that so there is no refund, which makes him try to get a higher payment up front using the fact that debtors often claim fewer allowances in their W-4 so as to get refunds to say that the debtor really can afford a higher payment than the paystubs would suggest). I should explain that I am fortunate to have confirmed more chapter 13 plans than I care to count so I have compared the orders from the different judges before. Now, if the confirmation order does require the payments, the debtor can modify the plan to extend the term if there's any time left in the 5 years. Otherwise, the debtor better come up with the money. Nevertheless, I would contact the trustee's people to ask if we are ready for discharge first to see if the trustee even cares.
-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of CertificationWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
X-Yahoo-Newman-Id: groups-system
charsetndows-1252
Cohen changed his policy this year. They are now asking for the refunds.
Ramiro Flores Munoz
________________________________
415 W. Foothill Boulevard, Suite 202
Claremont, CA 91711
t. 909.908.6251
f. 888.674.9293
_________________________________
This email may contain information that is confidential or privileged. If you are not the intended recipient, do not read, copy or distribute the email or any attachments. Instead, please notify the sender and delete the email and any attachments. Thank you.
On Oct 23, 2013, at 8:36 AM, Giovanni Orantes wrote:
>
> I should have been clearer. I was suggesting that the attorney review the confirmation order to make sure tax refund turnover payments are even required because that requirement is not in the mandatory form plan (at least I can't find it and would welcome someone pointing it out to me). Of course, most likely the order does require tax refund turnover since most Ch. 13 judges give in to the trustees and require that they be turned over, but sometimes the refunds are not required, such as when your Judge is VZ and I recall Amrane Cohen does not push for that in his cases (because, as he expressly says, debtors can easily manipulate that so there is no refund, which makes him try to get a higher payment up front using the fact that debtors often claim fewer allowances in their W-4 so as to get refunds to say that the debtor really can afford a higher payment than the paystubs would suggest). I should explain that I am fortunate to have confirmed more chapter 13 plans than I care to count so I have compared the orders from the different judges before. Now, if the confirmation order does require the payments, the debtor can modify the plan to extend the term if there's any time left in the 5 years. Otherwise, the debtor better come up with the money. Nevertheless, I would contact the trustee's people to ask if we are ready for discharge first to see if the trustee even cares.
>
> --
> Giovanni Orantes, Esq.
> Certified Bankruptcy Specialist*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Board Certified - Business Bankruptcy Law - American Board of Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.
>
> IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
>
>
charsetndows-1252
Cohen changed his policy this year. They are now asking for the refunds. Ramiro Flores Munoz________________________________Claremont, CA 91711t. 909.908.6251f. 888.674.9293_________________________________This email may contain information that is confidential or privileged. If you are not the intended recipient, do not read, copy or distribute the email or any attachments. Instead, please notify the sender and delete the email and any attachments. Thank you.
On Oct 23, 2013, at 8:36 AM, Giovanni Orantes <go@gobklaw.com> wrote:
I should have been clearer. I was suggesting that the attorney review the confirmation order to make sure tax refund turnover payments are even required because that requirement is not in the mandatory form plan (at least I can't find it and would welcome someone pointing it out to me). Of course, most likely the order does require tax refund turnover since most Ch. 13 judges give in to the trustees and require that they be turned over, but sometimes the refunds are not required, such as when your Judge is VZ and I recall Amrane Cohen does not push for that in his cases (because, as he expressly says, debtors can easily manipulate that so there is no refund, which makes him try to get a higher payment up front using the fact that debtors often claim fewer allowances in their W-4 so as to get refunds to say that the debtor really can afford a higher payment than the paystubs would suggest). I should explain that I am fortunate to have confirmed more chapter 13 plans than I care to count so I have compared the orders from the different judges before. Now, if the confirmation order does require the payments, the debtor can modify the plan to extend the term if there's any time left in the 5 years. Otherwise, the debtor better come up with the money. Nevertheless, I would contact the trustee's people to ask if we are ready for discharge first to see if the trustee even cares.
-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of CertificationWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.