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Motion to Use funds

Cost: $275 + mailing cost of $3 per creditor in the petition. Paid before the motion is prepared & filed

In general:

  • If you are below means you can keep your tax returns up to the allowed amount

  • If you are above or below means you can keep any of the return that is earned income credit or child tax credit

  • If you are above means you must send all remaining money to the trustee.

  • If you are behind in your plan the trustee will use the tax return to catch you up

  • If you are current the trustee will give the money to unsecured creditors

  • If you are in a 100% plan the payments will be used to finish the case earlier

  • Money to the trustee will be applied to the back of the plan not the current part of the plan so you will not be ahead

  • Also in following years if you wish to not deal with this process you can change your withholdings. Withholding slightly less to try not to get a return next year

What is allowed: one time / surprise expenses

  • car repair 

  • house repair

  • new appliance

  • new tires

  • medical expense

  • things like this one off in nature

What is not allowed: normal expenses

  • rent / mortgage

  • food groceries

  • children's tuition

  • car payment / insurance

  • things like this that are consistent in nature

#1 Call Fresh Start Law Firm to discuss the viability of the motion.

#3 Upload Completed Form & Receipts / Quotes

#4 Call Fresh Start Law Firm to find out how many creditors you have and to tell them you are paying the fee

Fresh Start Law Firm

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