QUESTION
If I filed bankruptcy individually, can my spouse file taxes with a married status?
Asked on Jan 28th, 2013 on Taxation - Colorado
More details to this question:
I filed Chapter 13 bankruptcy individually. My spouse wants to file income taxes with a married filing separate status. Will the trustee take his refund? Is using that filing status allowed?
2 ANSWERS
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Filing bankrutpcy does not affect your filing status for taxes. Just be aware that any refund may be subject to your exemption amount but that would apply whether you filed joint or not.
Answered on Jan 29th, 2013 at 10:03 PM
If you filed Bankruptcy under Chapter 13, your spouse may file Married Filing Separately, and if so, the Trustee will not take any subsequent refunds for debts that are not your spouse's debts.
Answered on Jan 29th, 2013 at 8:57 PM