Filing taxes separate after a ch. 13?

[paigep]

This is my first post, so please be gentle Back over the summer, my wife revealed to me that she had a monstrous amount of unsecured credit card debt--so much so that there was no choice but for her to file for Ch. 13 BK. I didn't join her in the bankruptcy primarily because my own debt is managable, and I felt like that with my high credit score it was important in the event of the need for an emergency loan (we have two children) for me not to file. She's now been to court, and is making mthly payments as her plan dictates.
Now w/ tax season approaching, I've got a few questions: 1) We've always filed a joint return considering we're married--I'm assuming that we can file separate (but married) returns? If that's the case, would it be fair to say that we'd be better off for me to claim the kids in order to receive a larger refund? I guess the reason I ask is because our feeling is that if her refund is spoken for because of the bankruptcy, mine should NOT be since I didn't file. We generally use that $$ to offset daycare costs, so I guess I really need the advice of anyone who has been in this particular situation. Thanks!

[forgotten]

I would check with your attorney.

I would argue that you could file jointly (which normally results in a larger refund) and use the formula the IRS uses for the "injured spouse" clauses to determine how much of the refund is yours and how much is hers. In my opinion that would be a valid and fair agrument.

What your trustee and judge think of it could be another story.

[daytona]

Seperate......