The debtor agreed to the confirmation term re turnover of tax refunds, exempt nature of fundsis irrelevant.That issue should have been resolved prior to confirmation order being entered orby an objection to confirmation order.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To:
cdcbaa@yahoogroups.com
Sent: Mon, May 3, 2010 1:54:13 PM
Subject: [cdcbaa] Income Tax Refunds in Chapter 13 Bankruptcy
I have a debtor who filed Ch. 13 in Feb, 2010 and was confirmed in Riverside on 4/28/10. $1500 tax refund is claimed as exempt. Debtor received refund on April 18, 2010. Confirmation order says ALL tax refunds are pledged into Ch.13 plan. What controls, debtor's exemptions or confirmation order?
Thanks,
Ty Takeuchi
The debtor agreed to the confirmation term re turnover of tax refunds, exempt nature of funds is irrelevant. That issue should have been resolved prior to confirmation order being entered or by an objection to confirmation order. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Mike from SLO <
armen@tysonfirm.com>To:
cdcbaa@yahoogroups.comSent: Mon, May 3, 2010 1:54:13 PMSubject: [cdcbaa] Income Tax Refunds in Chapter 13 Bankruptcy
I have a debtor who filed Ch. 13 in Feb, 2010 and was confirmed in Riverside on 4/28/10. $1500 tax refund is claimed as exempt. Debtor received refund on April 18, 2010. Confirmation order says ALL tax refunds are pledged into Ch.13 plan. What controls, debtor's exemptions or confirmation order?Thanks,Ty Takeuchi
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