Tax refunds in 13 - LBR 3015-1(o) [1 Attachment]
Posted: Tue Mar 24, 2015 5:35 pm
Mighr be worth fighting if its not in the order.
On Mar 24, 2015 4:58 PM, "cliff@bordeauxlaw.com [cdcbaa]" wrote:
>
> [Attachment(s) from cliff@bordeauxlaw.com
> [cdcbaa] included below]
>
> Here is the letter. At some point in the past couple of years, I believe
> Nancy Curry started adding the tax refund language to all confirmation
> orders. However, I just looked at a case confirmed in February, 2013,
> which did not contain the language, yet the debtor received one of these
> letters. The Diaz case, which is cited in the letter, was decided in
> 2011. However, in Diaz the confirmation order explicitly required turnover
> of tax refunds.
>
> Since the letter states that "failure to comply will result in a Chapter
> 13 Trustee's motion to dismiss your case," I think clarification is
> needed. Will the TMDs be filed in every case, or only when the
> confirmation order contained the language regarding tax refunds?
>
> I understand that in the past, cases in which Nancy Curry was the trustee
> could be completed before expiration of the plan term if the debtor's
> payments (with or without tax refund money) were sufficient to pay the
> Class 5 percentage in the confirmed plan. But this letter makes me wonder
> if she might intend to start filing motions to increase the percentage to
> Class 5 in these situations.
>
>
Mighr be worth fighting if its not in the order.
On Mar 24, 2015 4:58 PM, "cliff@bordeauxlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
[Attachment(s) from cliff@bordeauxlaw.com [cdcbaa] included below]
Here is the letter. At some point in the past couple of years, I believe Nancy Curry started adding the tax refund language to all confirmation orders. However, I just looked at a case confirmed in February, 2013, which did not contain the language, yet the debtor received one of these letters. The Diaz case, which is cited in the letter, was decided in 2011. However, in Diaz the confirmation order explicitly required turnover of tax refunds.Since the letter states that "failure to comply will result in a Chapter 13 Trustee's motion to dismiss your case," I think clarification is needed. Will the TMDs be filed in every case, or only when the confirmation order contained the language regarding tax refunds? I understand that in the past, cases in which Nancy Curry was the trustee could be completed before expiration of the plan term if the debtor's payments (with or without tax refund money) were sufficient to pay the Class 5 percentage in the confirmed plan. But this letter makes me wonder if she might intend to start filing motions to increase the percentage to Class 5 in these situations.
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