Call Us Now (404) 609-1300

The short answer is “Yes”.  In most cases, an experienced Atlanta bankruptcy attorney can file a Motion to Retain Income Tax Refund while you are in a Chapter 13 repayment Plan.  In Chapter 13, the Chapter 13 Trustee is entitled to receive any tax refunds throughout the course of the Plan period, as that money could ostensibly be distributed to unsecured creditors.  Now, if the refund is exceptionally large, then you will have a tougher time retaining the entire amount.  I always recommend you have the least amount withheld by your employer as possible to ensure that you do not receive a large refund in your Chapter 13 case; however, if I can prove that you need the refund for home repair, medical expenses, or some other unforeseen, necessary expense, you may very well be able to keep your refund check to apply toward those expenses.  It will generally take 4-6 weeks to obtain permission from the Trustee to use your refund for these expenses, so it is imperative that you do not spend your refund while the motion to retain is pending.