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I have been out of work for 2 years and I have substantial debt. I have 2 judgements against me for several thousand dollars as well as credit card debt,Medical bills,car repo etc that were all in my name only that I have no way of repaying. I am considering filing bankruptcy; however, my wife has just received our tax refund ($5000) which was deposited into her bank account. (She is the only income, but she filed married jointly due to the penalties of filing separately) Will that tax refund affect my chances of filing bankruptcy even if it was solely filed with her job income? Will that refund have to be used for payment of my debt even if it was not mine?
This question is best for your lawyer
@Scuprawrote:This question is best for your lawyer
Phrased another way, you are asking the interweb for legal advice that may result in you losing $5,000. I'd absolutely talk to an attorney about this. Not being an attorney, I would say that if I were a trustee, I would scrutinize this. The trustee will likely be asking for your tax returns, so the fact that it went in a different account may not matter.
I would also discuss the implications of just one of a married couple filing for bankruptcy, especially if you are in a community property state. If this is the case, your non-filing spouse may be liable for the debts you incurred after you got married.