Chapter 13 info from Aki on tax refunds and economic relief payments

Post by Aki on Facebook:


There are two additional issues that our office has been requested to address which I now have answers for:


As the tax refund turnover requirement is mandated by the plan and the order confirming the plan, your client will need to file a motion to modify the plan (MOMOD) to suspend the turnover requirement for tax refunds from the 2019 tax year. The trustee does not have the legal authority to waive the tax refunds without a court order.

For the MOMOD, please indicate why your client needs to retain the tax refund. This will usually include evidence that your client’s income has been directly affected by employer actions taken to deal with the COVID-19 threat or business income being reduced due to loss of business directly related to COVID-19. Your client will not have to file the MOMOD immediately and please indicate in your motion if your client wants the relief Nunc Pro Tunc.


The Trustee will not be seeking a turn over of any economic relief payments related to the COVID-19 threat.

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