Santa Anna, TX Bankruptcy Law Firms & Lawyers

In most jurisdictions you are required to submit your tax returns to the Trustee in your case each year after your case is filed.  The purpose of this is for the Trustee to review your income to see if it has increased significantly enough to warrant an increase in your plan payment. Your question implies that you meant tax REFUND, rather than tax return.  If that's the case, then I would need to know what tax year the refund is for, and when you filed your case in order to answer your question.  If this is for a prepetition tax year, then whether the trustee is entitlted to that refund depends on whether or not you exempted it.   If it is for a post petition tax year (after your case was filed), then the Trustee may be entitled to it depending on the terms of your plan, the percentage being paid to unsecured creditors, and the requirements of the courts in your jurisdiction. You need to consult with a bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  

Lien holder. As long as your Chapter 13 plan conforms to the bankruptcy law, then the lien holder is forced to comply with the terms of he plan. The lien holder can't bring suit against your cosigner because bankruptcy law prohibits suits against cosigners during the plan. When your plan is complete, the loan will be paid off or (it's is a long term loan like a mortgage), the bankruptcy court will issue a court order stating that the loan is current and the lien holder has no right to sue on a current loan. If the lien holder fails to file a proof of claim with the court, you, as the debtor, can file a proof of claim and the loan will be handled based on the information in your proof of claim?