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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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Husband and wife is separated, My wife is going to file

Customer Question

Husband and wife is separated, My wife is going to file a chapter 7 bankruptcy, When we file our 2008 taxes   should we file married -filing jointly or married - not filing jointly separate household or does it matter. Please comment. Thanks
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.

Hello Customer,


I will be happy to assist you. Your Wife can file bankruptcy individually, and all dischargeable debts in her name will be discharged, assuming she does everything according to the bankruptcy code. This does not discharge debts in their entirety. Debts that may be "co-owned" by the two of you are now your responsibility to pay back. If you have a mortgage with both your names on it, for example, she will no longer be responsible for the payment of the note, but you still would for the entire amount.


As for taxes, any refund she may get back would part of her bankruptcy estate, and this includes a joint refund. I recommend you file Married-Separate, and not ointly; this way any refund due will go to you, and not become mixed up in the bankruptcy estate

VanDLaw and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Relist: I still need help.
Expert:  VanDLaw replied 8 years ago.
What is your question?
Customer: replied 8 years ago.
If   I   ask   anymore question, will it cost me anything.
Expert:  VanDLaw replied 8 years ago.
No just ask......I will see if I can help. If I cannot I will opt out, and then you would probably have to pay again.