Chapter 7 discharge and tax

[broke727]

My wife file for bankruptcy last year and got discharged in Florida .Now it's tax season again . We file for joint taxes . Now I'm worry that they will tax my tax refund. Should we file for sperate income tax ?

[justbroke]

Are you asking if they'll take your tax refund? If "they" means the Trustee assigned to your spouse's bankruptcy case, then the answer is probably no. If the case was discharged last year and the Trustee did not ask for the refund (e.g. it was a "no asset" case), then they aren't seeking to take your refund.

If you have other tax issues (back taxes, DSO issues, student loan issues) or your spouse has the same, a government entity can always capture your tax refund.

Since I don't know what (potential) tax issues you have, and I'm not a licensed tax professional, I can't tell you how to file or what will happen. Do you use a tax preparer, such as H&R Block, each year? If not, then you'll need to look at your bankruptcy case and see if it was a "no asset" case, or if the Trustee is seeking your tax refund.

[broke727]

I don't have any tax issue. My wife case was a no asset case. My wife is a student and doesn't have income . I just file her and my to kids on my return. I used turbo tax.

thanks

[justbroke]

Given that is the case, then I don't see why you would worry about the Trustee seeking to take the refund.

[broke727]

Thank You