At the hearing, the trustee for the bankruptcy said that my wife had to give her our refund checks from this years taxes. We filed jointly and were expecting a $7700 refund. Since I did not file Chapter 7 with her, can the trustee take all of the refund? Her lawyer never said this would happen. What should she do?
2007-01-28 04:05:13 · 2 answers · asked by Mr. X 1 in Business & Finance ➔ Taxes ➔ United States
The bankruptcy trustee not only can, but is required to, take all of your wife's assets that are not specifically exempted from bankruptcy. If you file a joint return, any refund is as much hers as it is yours. Her lawyer may not have brought this up, but I guarantee your wife never asked. At this point, the only thing she can do is pay up. Next year, ask your lawyer if you would be better off filing separately. This sounds like one of the few times that is advisable.
2007-01-28 04:20:17 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
Your share of the refund should be protected from the bankruptcy proceeding. Your attorney can advise on how to proceed.
2007-01-28 12:16:10 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋