QUESTION
If I file chapter thirteen bankruptcy what happens if I get married will my spouses tax returns get garnished as well?
Asked on Oct 29th, 2012 on Bankruptcy - California
More details to this question:
I might want to get married next year depending upon if my spouses tax returns will be garnished as well or can we file taxes separately because they are all my medical debts before our relationship.
9 ANSWERS
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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It would probably be best for you to file separately until your bankruptcy is discharged. You are required to turn over your tax refunds to the trustee and it becomes complicated if you and your spouse are filing jointly.
Answered on Nov 01st, 2012 at 9:33 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Bankruptcy is a very complicated process. Filing a chapter 13 on your own is extremely dangerous. In Arizona less than 2% of those who file their own chapter 13 cases are ever successful. Therefore, it is wise to talk to an experienced chapter 13 bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Nov 01st, 2012 at 6:50 AM
Chapter 13 does not garnish your tax refund, but in most instances, a Plan will require you to turn over your tax refund while you are in bankruptcy. Since Nevada is a community property state, 1/2 of any refund check would have to be turned over to your Chapter 13 Trustee as long as your Chapter 13 case is open. Since there are strategies to dealing with this issue, I would urge you to retain an experienced Chapter 13 attorney to represent you.
Answered on Nov 01st, 2012 at 6:47 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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No, his taxes will not get garnished so long as you do not file together. (This assumes that you owe the IRS some back taxes.) If you only have medical debt, they can't garnishes your taxes anyway, especially since you will be under the protection of bankruptcy.
Answered on Nov 01st, 2012 at 4:33 AM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: If I file chapter thirteen bankruptcy what happens if I get married will my spouses tax returns get garnished as well? *- Most likely YES if you file joint tax returns * Question Detail: I might want to get married next year depending upon if my spouses tax returns will be garnished as well or can we file taxes separately because they are all my medical debts before our relationship. *- you need to ask an accountant if you can file separate tax returns once you're married; I'm not a tax practitioner *
Answered on Nov 01st, 2012 at 4:15 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Your spouses tax returns will not get garnished. The debts were not hers and she cannot be held responsible for them.
Answered on Nov 01st, 2012 at 3:29 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on your plan and its requirements. You will have the option of filing separately.
Answered on Nov 01st, 2012 at 3:17 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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File your returns, as married filing separately.
Answered on Nov 01st, 2012 at 2:44 AM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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No when filed your then only one obligated to make plan payments not her. Also you can file married but separate status so the taxes are a non-issue.
Answered on Nov 01st, 2012 at 2:42 AM