2 Questions for Ch 13 filed individually

[chrisg52]

I filed chapter 13 in Illinois without my husband. I apologize if these questions have been answered but I didn't see them. First question is if my husband and I file separate tax returns and he has a refund and I don't, do we have to pay his refund to the trustee? My second question is that my husband needs to purchase a new car. Can I amend my plan to include that payment so that my chapter 13 payment would be reduced? Thank you.

[lrprn]

First question is if my husband and I file separate tax returns and he has a refund and I don't, do we have to pay his refund to the trustee?

Of course, you should ask your lawyer both these questions. He/she is the only reliable answer source for your specific Ch 13 situation.

Now having said that, chances are since your husband didn't file bankruptcy, the trustee has no right to his refund.

My second question is that my husband needs to purchase a new car. Can I amend my plan to include that payment so that my chapter 13 payment would be reduced?

Since your husband didn't file bankruptcy, assuming his name will be the only one on the loan, then you can't amend your plan filed just by you to include his car payment.

Again, be sure to ask your lawyer before going car shopping and before your husband's refund comes back to ensure these are correct for your specific situation.

[ccfriend]

I didn't file without my husband. My trustee stated that if we needed to incur a debt in the household (not just me) for more than $1500 we had to ask for permission. I would think that you need to ask for permission to incur the new debt even before your husband obtains the loan. From there I am not sure if it can be added to the plan or not.
As far as filing your taxes did you file jointly before? Even if your husband is not in the bankruptcy his refund could be looked upon as additional household income. I would check with you lawyer. I have to submit any refund my household gets that is over $1602.