cancel
Showing results for 
Search instead for 
Did you mean: 

Just looking for some clarification:

Chiprox
New Member

Just looking for some clarification:

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?

Message 1 of 3
2 REPLIES 2
Scupra
Super Contributor

Re: Just looking for some clarification:

This question is best for your lawyer Smiley Happy

Filed BK7: 7/2012 (start score EQ 560 / TU 529) Discharge 10/2012
759 EQ FICO 03/2021
754 TU FICO 03/2021
743 EX FICO 03/2021
$29k NFCU Platinum | $30k NFCU cashRewards Sig | $15k NavChek | $7.1k Cap1 Quicksilver | $10k Amazon Store | $19k Cap1 VentureOne | $16k Barclay Aviator | $5k Chase Freedom | $5k Chase Sapphire Preferred | $9k Costco Visa | $20k AMEX BCE | AMEX Gold
Message 2 of 3
leonel9
Frequent Contributor

Re: Just looking for some clarification:


@Scuprawrote:

This question is best for your lawyer Smiley Happy


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.

Message 3 of 3
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.