(a) Tax refunds received by the debtor (or either debtor if a joint case) while the chapter 13
case is pending are presumed to be disposable income to be turned over by the debtor(s) upon
receipt to the chapter 13 trustee. The amount of the tax refund turned over to the trustee shall
increase the base amount of the plan. The plan shall be deemed modified accordingly, and the
trustee shall file a Notice of Plan Modification within 21 days from the trustee’s receipt of the
tax refund. The trustee is hereby authorized to endorse a tax refund check if the check is made
payable to the debtor(s).
(b) However, the debtor(s) may rebut the presumption that all or a portion of the tax refund
is disposable income to be turned over to the trustee, by filing a Notice to Retain all or a
portion of the tax refund no later than 30 days of the receipt by the debtor(s) of the tax refund.
The Notice to Retain filed by the debtor(s) shall contain 21-day negative notice as set forth in
Local Rule 9014-1 and shall be served on the trustee. Such Notice to Retain shall state with
specificity the basis as to why all or some portion of the tax refund is not disposable income and
debtor(s) shall simultaneously provide to the trustee supporting documentation demonstrating the
tax refund sought to be retained is needed to pay expenses that are reasonable and necessary for
the support of the debtor(s) or dependents. If the trustee does not file an objection to the Notice
to Retain within the 21-day negative notice period, the debtor(s) shall thereafter be entitled to
retain and use the amount of the tax refund set forth in the Notice to Retain without further order
of the court. If the trustee timely files an objection to the Notice to Retain, the court will
determine what portion of the tax refund, if any, is disposable income to be turned over by the
debtor(s) to the trustee.
(c) Upon receipt by the debtor(s) of a tax refund, the debtor(s) shall hold such tax refund in
trust and not spend the tax refund unless and until (i) a Notice to Retain is filed by the
debtor(s) and no objection is filed by the trustee to the Notice to Retain within the 21-day
period; or (ii) if an objection is timely filed by the trustee to a Notice to Retain, the court has determined
what portion of the tax refund, if any, is disposable income to be turned over by the debtor(s) to
the trustee; or (iii) other order of the court. If the debtor(s) do not intend to file a Notice to
Retain with respect to all or a portion of a tax refund, the debtor(s) shall, immediately upon
receipt of the tax refund, turnover the tax refund (or such portion of the tax refund that the
debtor does not intend to seek to retain) to the trustee as disposable income.
(d) Nothing contained herein shall prevent the court, by order entered in a particular case, from
providing for other treatment of tax refunds received by the debtor(s).