QUESTION
When I file my taxes do I have to turn over my tax return to my attorney if I'm currently in Chapter 13 bankruptcy?
Asked on Jan 28th, 2014 on Bankruptcy - California
13 ANSWERS
The answer depends on the provisions of your Chapter 13 plan as confirmed.
Answered on Feb 14th, 2014 at 4:30 AM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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Ask your attorney. You are still paying him for service through your entire case.
Answered on Jan 29th, 2014 at 8:30 PM
Chapter 7 Bankruptcy Attorney serving Bronx, NY
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Law Offices of David Brodman
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Your exemption should cover your refund but ask your lawyer.
Answered on Jan 29th, 2014 at 8:29 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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In Idaho you are required to turn over a copy of your tax return as soon as you file it to your attorney to provide to the Trustee. As soon as your tax refund arrives, you are required to forward it with your next monthly payment directly to the Chapter 13 Trustee. You do not need to even give the refund to your attorney. You are required to do this every year you are in your Chapter 13.
Answered on Jan 29th, 2014 at 8:28 PM
Turning over your tax paperwork to your attorney isn't required, but turning over your tax paperwork to your bankruptcy trustee is required. Read the terms of your Plan because you are responsible for complying with the Plan. By the way, the money (also called the tax refund) also usually must be turned over to your bankruptcy trustee. If your attorney is kind enough to make the effort to forward documents to the trustee to make sure this obligation is fulfilled, you should respond by complying promptly and without making your attorney turn into an angry and disappointed parent.
Answered on Jan 29th, 2014 at 8:27 PM
No, not normally, unless you signed a stipulation with the Chapter 13 Trustee when you went to your creditors' meeting. The attorney should have made a note of this, so call him/her or their assigned paralegal. But normally, the prior year's tax return is the only return given to the Chapter 13 Trustee prior to the Creditors' meeting (typically).
Answered on Jan 29th, 2014 at 8:27 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes, you should give the tax return to the attorney.
Answered on Jan 29th, 2014 at 8:27 PM
2 Awards
Yes, all tax refunds go to the trustee while you are in a 13.
Answered on Jan 29th, 2014 at 8:26 PM
The Trustee will want to see them, yes.
Answered on Jan 29th, 2014 at 8:19 PM
Chapter 7 Bankruptcy Attorney serving Santa Monica, CA
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Law Offices of Glenn T. Litwak
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Most chapter 13 trustees require the turn over of the tax refund for debtors in Chapter 13 bankruptcy. Therefore, you do have to turn it over.
Answered on Jan 29th, 2014 at 9:53 AM
Deborah F. Bowinski
Many chapter 13 plans require that the debtor submit his or her annual tax returns to the trustee for review. If your lawyer is requesting copies then you should provide them. If you don't know whether you are required by your court or your trustee then contact your lawyer since he will best be able to guide you.
Answered on Jan 29th, 2014 at 9:53 AM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Usually yes. Either through the plan, the order confirming the plan or local rule, Chapter 13 debtors are usually required to turn over a copy of their tax returns during the duration of their plan to the Chapter 13 Trustee and the procedure to accomplish this is to give a copy to your attorney or your attorney's staff for the attorney to then give a copy to the Chapter 13 trustee.
Answered on Jan 29th, 2014 at 9:52 AM
You may have to, yes. Some trustees require you to surrender your tax refund. You need to look at the order confirming your plan. That will say whether or not you need to surrender your refund.
Answered on Jan 29th, 2014 at 9:50 AM