New City, NY asked in Bankruptcy for New York

Q: my wife filed for chapter 13 bankruptcy I did not. we file our taxes separately can the trustee come after my refund?

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3 Lawyer Answers

A: No.

1 user found this answer helpful

A: No only the person filing

1 user found this answer helpful

Howard E. Knispel
PREMIUM
Answered

A: A refund is part of the bankruptcy estate of the filer. The reason is that it is really deferred income. However, since you are not the filer and the refund is not joint, it is not part of the bankruptcy estate as it is not your wife's deferred income. The trustee can not come after it.

1 user found this answer helpful

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