Tax refund effecting my wife when she didn't file Bk , but I did.Please help.

[mark3413]

I filed Chapter 13 back in April.It was confirmed in July. I was the only one that filed.My wife did not file because all debt was in my name.My question is about tax refunds.At no time did anyone ever mention anything about the Bk court taking my tax refund check, but it has me concerned because of my wife, and 3 small kids.What is the best way for us to file, and it not affect my wife.She needs the refund each year to help her out with her bills she keeps up to date with kids, etc.Do we need to file sepearte, or does it matter? She will be one upset woman if they take all of the refund when she didn't even file Bk.I just need some advice, so I can try to at least make sure she gets a refund if possible.We have 2 small kids now , and a new baby coming in December.Any advice, or opinions are greatly appreciated.

[aa06a47]

It varies from trustee to trustee. For example, my trustee wants any amount greater than $1000.

One possibility is to look into filing your taxes separatly. See if it works out to your benifit.

One thing, if your absolutly sure your trustee didn't say anything about wanting your tax refund, and your confirmation papers didn't say anything about them, chances are, they don't care about them. I would ask my attorney or call the trustee office directly and ask them.

[Jman30]

One thing, if your absolutly sure your trustee didn't say anything about wanting your tax refund, and your confirmation papers didn't say anything about them, chances are, they don't care about them. I would ask my attorney or call the trustee office directly and ask them.

This is EXACTLY what my lawyer told me. If the Trustee didn't say anything about wanting your tax refund and it was not stated anywhere in your confirmation papers, then they don't care. Some Trustee do care, some don't.

My lawyer said it like this: Obviously, the trustee didn't care but don't be a dummy and get like $5,000 back on your tax return. Try to keep it reasonable. I got around $2,500 back from 2005 and it didn't raise an eyebrow.

[$$only4ever]

My attorney told me the same thing. If it is not stated in your plan, then the trustee doesn't want your tax returns.