Federal Income Tax Refunds

U.S. Bankruptcy Court for the Eastern District of Tennessee

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Tennessee

Rule: 2.2

Jurisdiction: EDTNB

Bluebook Citation: Bankr. E.D. Tenn. R. 2.2

In addition to the payments in Section 2.1, the debtor(s) will pay to the trustee federal income tax refunds as follows: ☐ none, ☐ all, or ☐ Enter Amount or Description. If tax refunds are being paid to the trustee, the debtor(s) will furnish to the trustee a copy of each federal income tax return filed by the debtor(s) during the pendency of the case and every request for extension of time to file a return, within 14 days of the filing of the return or the mailing of the request. In order to expedite the trustee’s receipt of the refunds, the trustee may request that the court enter a tax intercept order so that the IRS will send the tax refunds directly to the trustee. If an amount other than “all” is to be paid into the plan, the trustee will refund the balance to the debtor(s) within 60 days of receipt, if the debtor(s) are current in the plan payments under Section 2.1 and if the debtor(s) have provided a copy of their tax return to the trustee.

Otherwise, the trustee may apply the balance due to the debtor(s) to cure any arrearage. If the trustee is unable to determine the amount due to the debtor(s) because the debtor(s) have not provided to the trustee a copy of the federal tax return within 60 days of the trustee’s receipt of a tax refund, then the debtor(s) are deemed to have forfeited the amount due to them, and the trustee may disburse this amount to creditors as an additional tax refund contributed to the plan.

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