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What happens to a joint tax refund totaling over five thousand dollars if your spouse files an individual Ch 7?
The answer to this question may vary from district to district, but it has been my experience that trustees normally make the debtor determine how much of the $5,000.00 belongs to the debtor and how much belongs to the non-filing spouse, and then the trustee only takes the portion which belongs to the debtor. This may not be as simple as it seems, since it may be unclear how to divvy up various deductions between the debtor and the non-filing spouse. As a rule of thumb, I would divide the tax refund check by the percentage of overall income each spouse contributed to the household, and the trustee will probably take the percentage the debtor contributed. 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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