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Married ; just me filing bankruptcy ; can we file taxes jointly?

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    Married ; just me filing bankruptcy ; can we file taxes jointly?

    Posted this question as a followup to one of my previous posts, but it's offtopic to the original post so figured I should post this on it's own topic...


    I'm filing Chapter 7 bankruptcy. I am married, however none of my debt is in my wife's name whatsoever. She is not filing bankruptcy.

    Can we file our taxes as "married, filing jointly" to get the larger standard deduction, even though I am filing bankruptcy, and she isn't?

    My wife has substantial gambling winnings that are in her name only this year. We are not in a community property state, so the money won't be touched by my bankruptcy. If we can file taxes jointly, we'll owe a lot less tax - if any.

    I'm just not sure if bankruptcy wise we can say: no this money has nothing to do with me, it's all her's, you can't touch it. Then turn around and file jointly and mix our finances together for tax purposes.
    Filed: 03/31/08 341: 05/15/08 Discharge: 07/15/08
    Do yourself a favor. Check everything I say with a bankruptcy attorney. Most attorneys will even provide a free initial consultation. In fact, it's your life, so check everything anyone says (including your attorney) for yourself!

    #2
    Thats a really good question, that I would suggest asking a Bk lawyer and/or tax advisor. I wish I could help, as I'm a gambler myself, but not married etc.

    Best to you, Catchmeifyoucan
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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      #3
      Bump - I'd like to know the answer to this as well.

      (My husband has no gambling winnings but we did plan to file as married filing jointly so now I'm curious).
      11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

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        #4
        Yes, you can file your taxes jointly, in the grand scheme of things your BK and filing Taxes are unrelated.

        The only issue would be the size of any possible refund. But again, the trustee is conceivably only entitled to that portion of the refund that you are entitled to, so in the end, the whole issue is a wash.

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