I filed a chapter 13 for debtors. The case gets confirmed. After confirmation, the Oklahoma attorney general takes action on debtors by intercepting their income tax refund. This definately seems like a stay violation. By the way, the child support arrears were scheduled into the plan. If the tax intercept was for child support, not a stay violation. See 11 U.S.C. ยง362(b)(2)(F), a new subsection added in 2005. But, query, if the tax refund is property of the estate and the plan is confirmed so how the support obligation is to be paid is governed by the plan, haven’t they violated the confirmed plan? The plan provides how this obligation is to be repaid and the support creditor jumped the line.
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