Frederick, CO Bankruptcy Law Firms & Lawyers

First, why would you have to lose your 2014 income tax return refund, if you filed in 2013, all the money that you made in 2014 was included in your Chapter 13 plan already. Your attorney's advice sounds mistaken to me, unless you're looking at a plan modification for some reason other than your tax refund. Second, if for some reason you're going to lose your tax refund, what kind of incompetent attorney doesn't advise you to reduce your tax withholding to avoid a refund. You should instantly have your employer reduce your withholding to zero for the rest of the year to minimize your refund. Third, if the court is entitled to the entire refund on a joint tax return, meaning to both the portion attributable to you and the portion attributable to your spouse - then the court would be entitled to both refunds on separate returns. I don't understand how any attorney can attempt to practice bankruptcy law without a thorough understanding of tax law or at least the brains to consult a tax expert when taxes are an issue.

You would file a Chapter 13- and the case must be filed before the Sheriff's sale date. The Chapter 13 case would pay ongoing mortgage payments in the Plan, arrearages to be cured in the Plan as well.

As long as you can still make the mortgage payments, And his ownership interest is exempt, you should be able to keep the property. With $94K in debt and only $80K in value, I can't see why you wouldn't be able to keep the property.