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If you and your spouse have filed Chapter 7 then she CASHES her tax refund what will the trustee do when he finds out?
Wiki User
∙ 8y ago
The trustee has several options, but the one you need to be concerned with is REVOKE YOUR DISCHARGE then have you charged with bankruptcy fraud by the F.B.I which rarely results it jail time, but could carry a fine up to $10,000 with a possible felony record.
If you can't afford to pay the bills you can't afford to lie to the courts either. Good luck.
Wiki User
∙ 8y ago
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If you have filed Chapter 7 this year and your spouse has failed to turn over her tax refund can either of you be brought up on criminal charges?
Normally no. What is most likely to happen is that your bankruptcy will be dismissed for failure to comply with the Trustee's request for the documents. I agree with Nate; failure to produce the tax refund normally results in dismissal rather than in criminal proceedings. However, if one spouse complied with the trustee's wishes and one spouse did not, the spouse who complied can move to have the case de-consolidated, so that the spouse in compliance still successfully receives discharge and only the non-compliant spouse gets dismissed. The court charges a fee to de-consolidate a case, and the attorney representing the debtors normally charges additional fees for the extra work as well. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How can an injured spouse get the couple's entire refund back if it was offset for back child support?
The injured spouse may or may not get back the entire tax refund. They will have to file an injured spouse tax form (Form Number 8379). The IRS will figure the amount of the tax refund which would be allocated to each spouse and that percentage will be refunded to the injured spouse. If the spouse with the debt was the only one working, the injured spouse will get little or none of the refund back. It all depends on the return and their situation.
Can a wife deed a half interest of her solely owned real property to her spouse without the approval of the chapter 13 bankruptcy trustee?
No. All transfers, sale, purchase of property or any major financial transaction must have the consent of the trustee in charge of the chapter 13 bankruptcy. The state of residency is not relevant, nor whether it is a federal or state bankruptcy.
You have file chapter 13 and my spouse passed away during your repayment plan Will the trustee take the entire insurance?
Consult an experienced competent bankruptcy attorney. Tell him everything. Make sure he explains his answer and the basis of the answer.
Why would they only take part of a federal refund but take the state refund as well for back child support?
Was an Injured Spouse form filed?
Is it legal for your spouse's taxes to be ceased when you owe back child support?
"seized" ... Your spouse should file an Injured Spouse form w/the IRS to recover his/her share of the tax refund.
How can you convert from a Chapter 13 to a Chapter 7 without your spouse even though both are on a dismissed with prejudice Chapter 13?
Since its dismissed w/ prejudice - Wait 180 days and file an individual chapter 7. Your spouse does not have to file.
What should you file after bank seized your join Fedincome tax refund?
If you believe that the seizure was due to your spouse's debt only and should not be taken from your portion of the tax refund you can file an "Injured Spouse Form" which is form number 8379. The IRS will determine how much of the refund was yours based on your incomes and then return the portion due to you.
What happens to a joint tax refund totaling over five thousand dollars if your spouse files an individual Ch 7?
The answer to this question may vary from district to district, but it has been my experience that trustees normally make the debtor determine how much of the $5,000.00 belongs to the debtor and how much belongs to the non-filing spouse, and then the trustee only takes the portion which belongs to the debtor. This may not be as simple as it seems, since it may be unclear how to divvy up various deductions between the debtor and the non-filing spouse. As a rule of thumb, I would divide the tax refund check by the percentage of overall income each spouse contributed to the household, and the trustee will probably take the percentage the debtor contributed. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How can you stop child support from taking your fed taxes?
If your Spouse is Injured or you are You may Qualify for a Injured Spouse File through Your Tax return, Then You cant get your money taken. H&R Block just did it for me and My Wife . They cannot touch our refund Cause my Wife is Injured for the rest of her life so By filing Injured spouse that is stating She needs all the money due to her Injury. Call H&R Block they will confirm it. Im Behind a little on Support and We filed Injured Spouse and They didnt take a single dime..Atleast Im Using some of the refund to catch up though.... **SEE BELOW** "Injured spouse" does not refer to a disability. The spouse is "injured" when a Federal income tax refund is intercepted due to a debt owed by the other joint filer. The injured spouse can get his/her part of the refund back.
Can you be held responsible for your spouse's student loans?
No. You're protected by "injured spouse relief." If you've filed a joint return, you can get back your share of the offset refund by filing Form 8379 [Injured Spouse Allocation].
Would your income tax get taken from you to pay for your husbands backed child support?
If you filed jointly and your tax refund was intercepted, you will have to file an injured spouse claim to recover your share of the refund.
