Chapter 13 and tax refund

[porcelina68]

What is the name of your state? Indiana

I had my 341 meeting last week, and it went really well. The trustee only asked me a couple of questions. There was absolutely no mention of my tax refunds, and I am not on a 100% repayment plan with my unsecured creditors. Since he didn't mention it, and recommended my plan be confirmed, does that mean my refunds are free and clear? Or can he come back and take them after the fact. (I didn't have to sign any papers on the day of my meeting.)

 

[rainmand]

The Trustee kept my tax refund the first year of my chapter 13. He held it for several months and I had to request it through my Attorney. My Trustee mailed it to me after he confirmed I was on a 100% plan and I wasn't behind on any of my Trustee payments. My Attorney told me the Trustee would have kept it (or a portion of it) if I was on a "less than 100% plan" or I was late on any Trustee payments. The check for that tax refund was made out to me. I mention this because the next two tax refunds were made out to me AND the Trustee. My Trustee provided them to me within 2 weeks of receiving the refunds (after determining I wasn't late on any Trustee payments) and he also signed the back of the check before mailing it to me (because the check was made out to both of us).