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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I am wondering how long a trustee has to challenge my status

Resolved Question:

I am wondering how long a trustee has to challenge my status as head of household? Also, I filed individually but am married. My gross income is higher than my wife's but her net income is higher because we use my insurance. Do I qualify as head of household?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 4 years ago.

cortrightlaw : I need to know which state you filed in and what specific exemption is being challenged by the trustee
cortrightlaw : Exemptions vary by State
Customer:

SD personal property 43-45-4

cortrightlaw : Thanks let me check that exemption
cortrightlaw : I have reviewed the code and it does not state the qualifications for being considered head of household so it is unclear and then it would be based on local practices with your districts bankruptcy judges. Has the trustee already challenged your exemption. As to time limit for them objecting they could file an objection attempting to collect property that they believe is unprotected even after you receive your discharge.
Customer:

Yes, she has challenged it. You previously stated that the trustee would just go off the tax returns. Could you explain?

cortrightlaw : Give a minute
cortrightlaw : Head of household is a tax issue and if you qualified as head of household for tax purposes and it was listed as so on your tax return then that should be controlling, if it was one of my cases I would rely on the filed taxes to determine the status.
cortrightlaw : What property were you exempting that she is trying to take?
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