If you file your federal taxes married filing jointly

[butterflywings]

and you file BK7 individually, can the trustee only go after 1/2 of your tax refund, since the other 1/2 is an asset of your spouse who did not file BK?

Let's say this is in a state where the EIC and CTC are not exempt.

Im not in a community property state.

Thanks.

[stljohn]

hi

somewhere in your paperwork, maybe the confirmation, the trustee tells you how to handle refund. mine told me to sign over checks to him.

i filed 13 wife did not, we filed separately and i turned over my checks as instructed.

considered filing joint with an "injured spouse" form thats designed to keep from having an entire refund intercepted but decided it was too complicated and likely not to result in much more money.

[Lindsay]

Hi, Butterfly! I'm in NY too and we retained a lawyer today. He said if just one of us files, the other half of the refund is protected.

[stljohn]

Hi, Butterfly! I'm in NY too and we retained a lawyer today. He said if just one of us files, the other half of the refund is protected.

yeah if you file the right forms, it aint automatic.