Legal Question in Bankruptcy in Indiana

I got behind in payments to the trustee

I am in a chap 13. I recently fell behind in payments to the trustee due to emergency surgery. My payments will be starting back up in 2 weeks but i got behind 6 weeks. I just recieved my Federal and state income tax checks. I am required to turn them over (100%). Will this help with my back payments or am I still at risk for the trustee to dismiss my bankruptcy? My checks total over $4,000.


Asked on 3/09/05, 10:04 am

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: I got behind in payments to the trustee

If your plan says it is funded by any and all tax refunds, then they will not count toward the arrearage to the Trustee. Before turning them over call your attorney-he may be able to work out something, particularly since you have a legitimate excuse for falling behind. If your refunds are higher than expected, the Trustee may agree to apply some of it to the back payments

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Answered on 3/09/05, 11:44 am


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