My question involves bankruptcy in the state of: florida
my wife has filed chapter 7 by herself. now the trustee has taken our tax refund. what are my rights? first the refund was taken in my name. the trustee put my name on the letter she sent to the irs so the irs would give her the refund. i spend hours talking to the irs to fix the fact that i was not in bankruptcy only my wife but in the irs computer we both were in chapter7 even tho when the irs opened the bankruptcy only my wife was listed. no one will give me a copy of this letter. second the formula used here in florida to calculate how much of the refund she can take does not entitle her to the whole tax refund she is holding 1800$ that she has no claim to. my wife has a lawyer but there is a lot of double talk and lying in dealing with this guy first he told us that the trustee just added this rule and we could not fight this and she would be taking all of the refund. then i went online and did some research and found in the district that my wife filed in there was already a case where the judge ruled that joint refunds are considered tenancy by the entireties and the trustee was not entitled to ANY of the refund. so i sent this to the lawyer and he that was great thanks for the help and he should be able to get 40% of the refund back. then called me back to show me a case he found where the judge ruled the other way but only because the other spouse had not added any income to the return which does NOT apply to us. i found it strange that he went and found a case that would go against his client. the last can we had from the lawyer said that this would be taken care of within 2 or 3 days. of course we have not heard from him in two weeks. i would like to know what are my rights what would i have to do to go after my tax refund? the lawyer says that i am subject to backlash of the the chapter 7. i thought that what ever effect would be small. if you want to look at the case i was talking about this is it. just put in google the pdf will come up. Case No. 6:07-bk-05516-KSJ thanks for listening to me. forgot one last thing im disabled so my income doesnt count.