Taxes when only one filed BK

[Bkman2]

Didn't see what I was looking for so I'll ask and see what everyone thinks. I filed chapter 13 and my wife didn't. We have in the past filed taxes together because I'm 1099 and she is W-2 so her refund would off-set what I had to pay. My attorney says that maybe we should not file together. I would still like to have her refund to cover what I have to pay, but don't what to have to give it up to the BK.
Does she have some rights to keep her refund? "If" I have to convert to a chapter 7 because of my income going down will the refund come in to question?

If anyone has gone through this I would like to her how it went with you.

[NoMoreCards]

Didn't see what I was looking for so I'll ask and see what everyone thinks. I filed chapter 13 and my wife didn't. We have in the past filed taxes together because I'm 1099 and she is W-2 so her refund would off-set what I had to pay. My attorney says that maybe we should not file together. I would still like to have her refund to cover what I have to pay, but don't what to have to give it up to the BK.
Does she have some rights to keep her refund? "If" I have to convert to a chapter 7 because of my income going down will the refund come in to question?

If anyone has gone through this I would like to her how it went with you.

If you filed BK, it is your "refund" that the trustee could take. Considering you are 1099, you have no refund and will have a tax bill instead.

Since your wife did not file BK, her refund should be safe. That is why your attorney is probably suggesting you file separately.