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Trustee taking same-year tax refund

Posted: Fri Jan 30, 2009 10:08 am
by Yahoo Bot

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Answer: yes as to that portion relating to pre-petition income.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Hale Andrew Antico
Sent: Friday, January 30, 2009 9:40 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Trustee taking same-year tax refund
That's elated to my question about conversion last week. Chap 13 filed in
early 08, still alive as a 7 now. Chap 7 trustee asserts he can get the
refund (if any) and that it is too late to exempt. I haven't researched it
yet, since it may be moot (no refund for this client anyway) but it's a good
point of law to know.
_____

The post was migrated from Yahoo.

Trustee taking same-year tax refund

Posted: Fri Jan 30, 2009 9:39 am
by Yahoo Bot

That's ated to my question about conversion last week. Chap 13 filed in
early 08, still alive as a 7 now. Chap 7 trustee asserts he can get the
refund (if any) and that it is too late to exempt. I haven't researched it
yet, since it may be moot (no refund for this client anyway) but it's a good
point of law to know.
_____

The post was migrated from Yahoo.

Trustee taking same-year tax refund

Posted: Thu Jan 29, 2009 10:16 pm
by Yahoo Bot

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Got this question asked by a user of a free-advice forum I assist with:
In a Ch 7 case filed in July 2008, which is still pending:
Can a Trustee take part or all of a tax refund to which debtor is entitled
for 2008?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at

The post was migrated from Yahoo.