Saint Louis, MO asked in Bankruptcy and Tax Law for Missouri

Q: If one spouse filed chapter 13 is there a way for the other to keep their tax return if filing jointly?

Would I just file normally? Or would I have to file an innocent or injured spouse form?

Most of the deductions comes from the spouse not in bankruptcy.

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2 Lawyer Answers

A: This is a question that may be a matter of local practice. You'll want to consult a bankruptcy attorney in your geographic area.

Where I practice, in Detroit, a non-filing spouse filing a tax return jointly with a filing Chapter 13 debtor will be allowed to retain their 50% of the joint refund.

But mileage may differ in your part of Missouri.

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: You need to speak with an attorney in your jurisdiction. Presumptively, you would only get 50%, but you may be able to file an injured spouse return and get the percentage that you actually paid.

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