Chapter 13 - Filed jointly Tax refund questions.

[dh070164]

hello

I am married with three kids. I have been the only income in the house and will continue be the only income; my wife stays home with the kids.

I filed a Chapter 13 bankruptcy in the state of virginia in august 2010 and scheduled to have it ratified in late february. Unfortunately, I got laid off in early december and had to use my saving to keep up the payments. Right now, my savings are almost dry. My wife has some savings but she is not lending me any money for this as she wants to handle my own financial mess. This is fine with me.

My wife did agreed to file our tax returns jointly;we will end up getting a nice tax refund to pay the bills.

In addition, my lawyer use the tax refund to pay for living expenses instead handing it over immediately to court. The lawyer said they will handle it when issue arises.

here's my question:

If my wife and I file jointly and maximize the tax refund, is there a possibility that the court go after my wife savings to pay the tax return even if I am the only one who didn't filed?

Any feedback is most appreciated

[RunningMan]

I am confused. Which court is going after your wife's savings account? Trustee payments are voluntary, if you stop making them your bankruptcy will be dismissed and your creditors can start collections efforts against you again. How are you planning to stay in a chapter 13 if neither your wife or you are working? Did your attorney say if you could get your payments temporarily suspended for a few months while you look for a job?

Your wife, your three children, and yourself are in this situation together. It is not just your financial mess, since you are (were) the sole bread winner for the family. It is her financial mess too.