Athens, AL asked in Bankruptcy for Alabama

Q: I am trying to understand questions and answers to chapter 13 plan outline... Mainly questions 2.3 and 5.2.

2.3 Question: Income tax refunds and returns. Answer: Debtor will retain any income tax refunds received during the plan term. However, question 5.2 Question: Percentage, Base, or Pot Plan. Answer: Base Plan. this plan proposes to pay the amount to the trustee (plus any tax refunds, lawsuit proceeds, or additional payments pursuant to 2.3 and 2.4). Holders of allowed non priority unsecured claims will receive the funds remaining, if any, after disbursements have been made to all other creditors provided for in this plan.

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1 Lawyer Answer

A: Are you trying to file your Chapter 13 without an attorney? If so, although it will sound self-serving from the standpoint of a legal professional, I don't recommend that. There is virtually no chance a Ch 13 matter will succeed without legal assistance, and, based on your questions, I can only recommend that you seek legal counsel in your geographic area. (I am not, lest this response feel like fishing to you.)

The Chief Judge of the Bankruptcy Court in my jurisdiction has likewise opined on the record, while I was present, that he viewed a pro se Chapter 13 filing as essentially doomed to fail.

If you're digging into this level of detail, attempting to prosecute your own case, there is no way you will gain a full practitioner's understanding by asking questions on the internet.

Your question do not have easy or quick answers. It sounds as though you don't really understand how Chapter 13 works, which is quite understandable. It is a highly complex process, and the Local Rules and local practices of Chapter 13 Trustees in your area will shape the responses.

Seek experienced, local bankruptcy counsel.

If you do have an attorney, these are questions you need to ask your attorney.

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