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New Member of Listserv - Chapter 13's and Tax Refunds
Jim,
I am not sure that language would help, but am planning on always using it. As I understand the Trustee's argument, they will routinely strike such language from the Confirmation Order.
Thanks for your input.
Chris
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Hi James,
Yes, the hearing was yesterday, and Judge Jury seemed to strongly favor the debtor's argument that the tax refund was exempt and the Trustee had no right to it. The Trustee's staff attorney, Beth, kept saying it was income to be pledged to the plan, and Judge Jury kept saying she didn't believe it was income, but was property that could be exempted. We asked her to rule based on the pleadings she had, but she said she wanted to have it briefed. Unfortunately, my client's position was that if we didn't win at this hearing he wanted his case dismissed and refiled, which was what we did. He now gets to keep the refund.
I think that with a similar set of facts, a client willing to wait to receive their refund, and this issue before Judge Jury, we would get a favorable ruling. I'm sorry that I couldn't see this through and that the status quo remains.
Christopher Heritage
Heritage Legal, PC
Central & Southern Districts of California
chris@heritagelegal.com
760-325-2020, ext. 14
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