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Claim Tax Deductions Lurking In Your Chapter 13

By Cathy Moran

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Tax deductions may be hiding in your Chapter 13.

Did you file for an extension of time to file your income tax return?

Well, time to get the return done is running out:  returns are due October 15th.

If you are in a Chapter 13 bankruptcy case, you may have deductions you haven’t considered found in the payments the Chapter 13 trustee has made in your case.

If your plan provides for

  • curing mortgage arrears,
  • paying taxes,
  • spousal support or
  • business expenses,

consider claiming amounts paid to those creditors through your plan as deductions.

The Chapter 13 trustee is paying those claims with your money.  I see no reason that the trustee’s expenditures aren’t deductible to you.

Check with your tax professional.

And if you are several years into a Chapter 13, consider whether you can amend prior years to claim the trustee’s distributions for earlier years.

More on tax issues when you’ve filed bankruptcy:  the 1099.

Lurking kitty courtesy of Aftab Uzzaman and Flickr under Creative Commons license.

 

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Filed Under: Chapter 13, Managing Money, Taxes

About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

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Those considering filing a Chapter 13 bankruptcy worry about "what happens to my bank account?" Will the trustee take all the money? How do I pay my living expenses after I file? The short answer is: nothing changes. The account remains yours and available for all the expenses of day to day living. Because, … Read more

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