married filing solely, unexpected tax refund question

[unkelaaron]

Hey gang
Filed Chapter 7 on April 4! Today, we got word that we are getting a sizeable refund on our taxes. I know a lot of people have posted about an "unexpected refund", but trust me, we got about $300 back last year, so a refund of $8,500 was quite unexpected. Anyhoo...my wife didn't file, it is just me. We live in NH. Does anyone know how the trustee is going to look at this? Will he want the entire amount? Or half since my wife didn't file. I never thought I would be so upset to see the biggest tax refund of my life!
thanks in advance.

[october99]

The way it worked in my district was that I was eligible for 1/2 of it and had to exempt that amount. Now I learned I the 341 that the 1/2 rule applies because I earned 1/2 (or close to) our income. There was a couple there that tried to do the same thing and bc the wife had not worked, none of it was hers so they could not exempt it under her exemptions only under his and that left a couple thousand unprotected. Their attorney (mine also) seemed confident he could exempt it elsewhere somehow.

Good luck!

[unkelaaron]

thanks for your quick answer! my wife did work, hopefully that makes a difference!