Chapter 13/ Income Tax Return

[Jaran]

My husband and I filed chapter 13 bankruptcy back in 2008.  We were ordered to send our income tax return to the trustee.  We have had about $1200.00 in car repairs in the last month, and we do not have the funds available to pay our property tax.  Can we ask to keep our income tax return to help pay for these expenses?

[gofried]

You need to discuss this with your attorney.  Most Chapter 13 plan orders require submission of tax refunds if you are paying less than 100% to your unsecured creditors.   If you have more expenses than you allowed for on Schedule "J", you may need to do a motion to modify(lower) your plan payments so that you can afford to continue in the Chapter 13.