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    Exempt?

    I filed bakruptcy 3 weeks after I got married ( it was suppose to been filed before, lawye rmessed up)
    Debt was all mine before I met my husband.

    how do I know if we will get the refund?
    It is my debt not his. He works, I do not work, I have 4 children at home.

    Lawyer will not return call to answer me
    FILED June 30, 2008
    DISCHARGED March 5, 2009
    CLOSED March 20, 2009

    #2
    A couple of questions first.... Did you file jointly or just you alone? Did you file Ch 7 or Ch 13? By "refund", are you asking if you will get to keep your husband's 2008 tax refund? Do you two live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin)?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      I filed chapter 7 by myself..We live in Michigan.
      He works full time an dI feel he deserves the whole refund.
      These debts were mine from many many years ago before I even met him
      FILED June 30, 2008
      DISCHARGED March 5, 2009
      CLOSED March 20, 2009

      Comment


        #4
        Originally posted by crazycrew77 View Post
        I filed chapter 7 by myself..We live in Michigan.
        He works full time an dI feel he deserves the whole refund.
        These debts were mine from many many years ago before I even met him
        Then since you filed alone, your husband's tax refund is his to keep in total. He didn't file Ch 7, you did. Except to help set the income figure for your Means Test at filing, his income is not a part of your bankruptcy and your trustee has no right to his tax refund.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Originally posted by lrprn View Post
          Then since you filed alone, your husband's tax refund is his to keep in total. He didn't file Ch 7, you did. Except to help set the income figure for your Means Test at filing, his income is not a part of your bankruptcy and your trustee has no right to his tax refund.
          He will get the full refund even if we file our taxes married ?
          FILED June 30, 2008
          DISCHARGED March 5, 2009
          CLOSED March 20, 2009

          Comment

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