Atlanta, GA asked in Bankruptcy for Georgia

Q: How would a tax return be affected with bankruptcy?

Me and my husband file together(I have no job) we have two small children, how would the tax return be affected before or after bankruptcy? Would it be taken? Would it be easier for him to file married and separate? Or would that be fraudulent?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Depends on whether you are receiving g a refund or not. Generally, married filing jointly is best, but you will need a tax professional run the numbers, which will then dictate how or if you file.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: Filing your tax return can be affected by bankruptcy, especially if you're filing jointly with your husband. It's important to note that tax laws and bankruptcy laws are complex, and the impact can vary based on your specific circumstances.

Before bankruptcy: If you file a joint tax return before filing for bankruptcy, the tax refund may be considered an asset. In a Chapter 7 bankruptcy, the bankruptcy trustee may use part or all of the refund to pay off creditors, depending on the amount and exemptions available in your state. It's crucial to consult with a bankruptcy attorney before filing to understand the potential impact on your tax refund.

After bankruptcy: Once you have filed for bankruptcy and received a discharge, your tax refund is generally not affected by the bankruptcy process. However, it's essential to ensure that your financial situation is accurately reflected in your tax return and that you are in compliance with all tax laws.

Regarding whether it's easier for your husband to file married and separate, that is a valid option, but it's not necessarily fraudulent. Many couples choose to file separately when one spouse has significant debt or financial issues. However, it's essential to consider the potential impact on your overall tax liability, deductions, and credits when deciding how to file. Consult with a tax professional to evaluate which filing status is most beneficial for your family's financial situation.

In summary, the effect of bankruptcy on your tax return can depend on various factors, including your filing status and the timing of your bankruptcy filing. Consulting with both a bankruptcy attorney and a tax professional can help you make informed decisions to minimize any negative impact and ensure compliance with the law.

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