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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

Customer 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: 5 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 5 years ago.

cortrightlaw : The trustee is most likely going to take your tax return as controlling so I you can file as head of household it should not affect your bankruptcy proceeding.
JACUSTOMER-ib8mz9vu- :

you lost me

JACUSTOMER-ib8mz9vu- :

we filed as married filing jointly

cortrightlaw : If you file separately you still have to list your wife's income and deductions to see of you qualify for bankruptcy. The trustee then reviews your tax return and pay stubs o verify the income and deductions you list on your bankruptcy petition.
JACUSTOMER-ib8mz9vu- :

does that matter?

cortrightlaw : Sorry I didn't not understand your question, if I understand I now you file a joint bk but you filed your taxes separately, correct?
JACUSTOMER-ib8mz9vu- :

no. filed an individual bankruptcy. our taxes were filed married filing jointly

cortrightlaw : So then I do not understand your question, can you please clarify it?
JACUSTOMER-ib8mz9vu- :

When I filed by bankruptcy I used a $6,000 exemption but the trustee only wants to allow me a $4,000 exemption. I am married, no children, and my gross income is more than my wife's but her net income is higher. On our tax return we checked "married filing jointly."

cortrightlaw : Which State did you file in and what specific exemption are you referring to?