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Filing Taxes After Bankruptcy Discharge and Getting Married

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  • 03-19-2014, 11:14 AM
    OneInquisitiveOne
    Filing Taxes After Bankruptcy Discharge and Getting Married
    My question involves bankruptcy in the state of: Idaho

    I got married in 2013, 9 months after a 2012 "discharge with no distribution" in a chapter 7 bankruptcy. How should we file our 2013 taxes (we were married for the last 5 months of 2013) - jointly or separately?

    Thank you.
  • 03-19-2014, 11:31 AM
    Welfarelvr
    Re: Married After Discharge of Ch. 7 Bankruptcy - How Should We File Taxes
    Quote:

    Quoting OneInquisitiveOne
    View Post
    My question involves bankruptcy in the state of: Idaho

    I got married in 2013, 9 months after a 2012 "discharge with no distribution" in a chapter 7 bankruptcy. How should we file our 2013 taxes (we were married for the last 5 months of 2013) - jointly or separately?

    Thank you.

    Do them both ways to see which works out best. What is it you think might happen depending on the choice?
  • 03-19-2014, 12:30 PM
    OneInquisitiveOne
    Re: Married After Discharge of Ch. 7 Bankruptcy - How Should We File Taxes
    My thought was to run them both ways to see which produces the best result. My concern is protecting my spouse and any financial improvement/assets that have occurred since the discharge. In Idaho, they have the right to look at the returns two years post discharge, which I believe in this case would qualify my 2012 and 2013 returns. 2012, the year of filing and discharge was (obviously horrible AND I owed the state and the feds), 2013 was better financially PLUS I got married. Rationally I know that what happened before the marriage (i.e. the filing and discharge of the 7) should not impact my spouse, but I want to do what is best for both of us. Thus the posted question. Thank you for your response.
  • 03-19-2014, 01:01 PM
    Welfarelvr
    Re: Married After Discharge of Ch. 7 Bankruptcy - How Should We File Taxes
    Quote:

    Quoting OneInquisitiveOne
    View Post
    My thought was to run them both ways to see which produces the best result. My concern is protecting my spouse and any financial improvement/assets that have occurred since the discharge. In Idaho, they have the right to look at the returns two years post discharge, which I believe in this case would qualify my 2012 and 2013 returns. 2012, the year of filing and discharge was (obviously horrible AND I owed the state and the feds), 2013 was better financially PLUS I got married. Rationally I know that what happened before the marriage (i.e. the filing and discharge of the 7) should not impact my spouse, but I want to do what is best for both of us. Thus the posted question. Thank you for your response.

    I do not see any legal changes related to bankruptcy depending on if you file jointly or separately. The choice of filing does not change the status of any assets as far as I am aware. If you file separately, you will need to file an 8958 as well because Idaho is a community property state so anyone looking at either return should find out pretty much the financial situation of both.
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