Intent to compromise and tax refund question

[dr123]

I received a Notice of Intent To Compromise from my trustee. There was a mess with my engagement ring- 3/4 carat platinum ring bought a long time ago..........anyhow, I am now paying $3000 to keep it.

My question is about my tax return though. Trustee also wants "303/365ths" of it. I filed single though, without my spouse- so that only pertains to 50% off the amount, right? I am trying to get a hold of my lawyer- just thought someone could offer some quick assistance!

[lalap123]

Glad you asked this...I'm in the same boat. Filing individually and expecting a big refund. Not only do I think one half should remain with my husband, but I also am wondering since he made 95% of the income last year why my attorney couldn't argue that 95% of the refund is his. Does that logic make sense or am I just wishful thinking?

I was planning on filing BK March 1, filing and getting the refund mid-March to April (after filing BK), then spending half of it catching up on household bills and paying down some of my husband's credit cards. Do you think this will be an issue? Worst case the trustee will just ask us to pay it back, right?

[coolmom04]

nevermind! misread the OP!

[aces67]

If you filed single then I would think the trustee wants 303/365th's of Your portion but I could be wrong. You definitely need to ask your lawyer before you file.