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File or wait to file Tax return

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mack14

Junior Member
What is the name of your state? Indiana

I have retained a lawyer and filled out all the intial paperwork and have recieved my pettions in the mail and I am just now making all the corections and getting a market price on my house (which I plan to keep) before making an apointment to officialy file. My ex-wife and I are both filing seperate at the same time. We live together and have all our bills and loans jointly. She claims both our children on her return, and last year got back just over 5000$ not much has changed this year as far as income, so I assume she will be recieving the same. I don't want the trustee to think we are hiding that by not filing, and we don't intend on spending it on anything but misc. medical bills not in the bankrupcy ( 300$ max) and our car payment and mortage payments and our final payment to the Bankruptcy court/lawyer for filing fees. I would keep a record of each dollar spent, but I don't think it would look good to have 4000 sitting in out bank account while filing either. When I file mine I might have to pay since I sold a rental property and made a profit (all of which went to bills before I even thought of filing) This is just really bad timing. I don't have a problem giving the trustee whats left of the return, but it would be nice to have the extra $ now to get completly caught up on everything, then turn it over as opposed to being afew days late here and there on the car and mortage to be able to pay for the filing fees of the court. FIle the return or wait?
 


Ladynred

Senior Member
If you file separately, then your wife's return, and refund, doesn't belong to you, it belongs to her and would be HER problem in her bankruptcy. However, if the money is sitting in a joint account, that's a problem.

If you wait to file your taxes, and have refund coming, the Trustee will likely take it, especially if its that large. If you file, get the refund and spend it on NECESSITIES and bringing secured debts caught up, then there's nothing for a Trustee to take. Do NOT pay off any other creditors, not even the medical bills, it could be seen as a preferential payment. By the way, you can NOT EXCLUDE any debts, you MUST include them ALL in your BK.
 

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