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If you have filed Chapter 7 this year and your spouse has failed to turn over her tax refund can either of you be brought up on criminal charges?

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Normally no. What is most likely to happen is that your bankruptcy will be dismissed for failure to comply with the Trustee's request for the documents.  
I agree with Nate; failure to produce the tax refund normally results in dismissal rather than in criminal proceedings. However, if one spouse complied with the trustee's wishes and one spouse did not, the spouse who complied can move to have the case de-consolidated, so that the spouse in compliance still successfully receives discharge and only the non-compliant spouse gets dismissed. The court charges a fee to de-consolidate a case, and the attorney representing the debtors normally charges additional fees for the extra work as well.
Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
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