Q: In Chapter 13 with my ex-husband, if he does not turn in his tax returns, what happens and how can I protect myself?
We filed together approx 2 years ago, prior to divorcing, and this if the first year we are having to turn in our tax returns, but I received a motion stating he had not done this. I do not know how to protect myself in this situation. He has a car with my name on it and I have a car with both names on it. I do not know what to do in this situation.
What you need is a good lawyer. It certainly appears that you have not used one to this point, perhaps even in the divorce.
The old saying "a pence of prevention is worth a pound of cure" surely appears to apply to you.
There really is no way a lawyer on a site such as this can untangle your "mess" without access to your divorce file, his bankruptcy file and, perhaps, other documents.
Go see a lawyer ASAP
Nick Curtis Thompson agrees with this answer
The bankruptcy case will be dismissed if the ex does not pay the tax refund. I fail to see why you would be in Chapter 13 unless you have a large income, a large amount of assets, student loans, or income taxes which you need to manage in Chapter 13.
You may want to be dismissed from the Chapter 13 and refile as a Chapter 7. Or you may want to be in your own Chapter 13. You probably need to separate yourself completely from the ex for the same reasons the marriage did not work.
It seems as if all of the financial responsibility is falling on your shoulders. I personally believe from what you have said about this scenario so far indicates you need a bankruptcy lawyer working for your best interest. Having a lawyer for the two of you creates a conflict of interest for the present lawyer. He can represent you or he can represent him. But he cant represent both of you without choosing one side or the other eventually and most attorneys will elect to do nothing which hurts you both. Or he will withdraw. By the time this is done you may be hurt even more financially. I would get someone now rather than later.
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