After Filing Chapter 13

Will I get to keep my income tax refund?

The Trustee is entitled to your Income Tax Refund while you are in the Chapter 13. Your refund will come to you, as it did before you filed bankruptcy, however, you are obligated to endorse the bank of the check and mail it with your case number listed on it, to John V. LaBarge (to the address you send your plan payments)

If you usually get a large refund, you should change your exemptions with your employer so that you receive more money on your checks NOW and less at the end of the year.

Should you still receive a refund and you need to use it towards home repair, car repair, medical necessities or any other NOT monthly budgeted item, you must send our office a letter stating exactly the amount that you are expecting to receive from State and Federal (listed separately). You must also send our office a list of exactly what you wish to spend it on, the reason it is a necessity and the estimated cost. Upon receipt of this information we will prepare a “Motion to Retain Income Tax Refund” requesting that you be allowed to use your refund towards the necessities. This generally takes 6 weeks to obtain such permission from the Court and we can NOT authorize you spend your refund, until you have received the proper Court Order, directing you to do so.

My check is being garnished, how long before it stops, and will I get any money back?

If your check is being garnished, YOU MUST ADVISE OUR OFFICE. After the filing of your Chapter 13 we will advise the other party and the Circuit Court of your bankruptcy filing. We then must wait for the Creditor’s attorney to fax our office a release of this garnishment. This sometimes takes 7-10 days. Any money that is withheld from your check, AFTER the day that you filed, will be returned to you.

It is most helpful for you to provide our office with the Write of Execution (obtain from your payroll department) as well as the fax number and name of the person in your payroll department to whom the release should be sent. If your wages continue to be garnished, one week after your filing, please advise our office IMMEDIATELY.

Will I be allowed to keep the extended warranty on my car, will I be allowed to keep that?

If you have credit life insurance, health & accident insurance and or an extended warranty on your vehicle, you must pay the whole balance on these warranties or your lienholder will force you to cancel this warranty. If this pertains to you, please advise our office immediately.

Is my automobile insurance affected by this bankruptcy?

If you OWE money on your car, you MUST maintain FULL COVERAGE insurance on the vehicle, this is a law. The Bankruptcy Court, however, enforces additional rules. Your insurance must include the following:

• $500.00 maximum deductibles on Comp and Collision
• Policy must be at lease 6 months
• Premiums must be prepaid at least 3 months.

Your lien holder will request proof of this insurance at various times in your bankruptcy.

Will my checking or savings accounts be affected by the bankruptcy?

No, you may use these accounts as you normally have.

With this information, we try to answer the most commonly asked questions. If there is something we did not answer for you, or something you need clarification on, DO NOT HESITATE to call our office. We are here to make this financial transitional period as smooth as possible for you.