Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

Unless a Chapter 13 debtor has articulated a specific need to use a tax refund for a reasonable and necessary expense, post-petition tax refunds must be turned over to the Chapter 13 trustee to be distributed to creditors. (Drake) In re Stacks, 588 B.R. 263 (Bankr. N.D. Ga. August 15, 2018)

Case Summary

James Stacks was a below-median income debtor who filed Chapter 13 on January 1, 2018. He proposed a plan which called for payments . . .

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