Hi.
I am in NY. My husband is the sole wage earner in our household and we file our taxes married filing jointly. If I file BK7 individually, can the trustee take the entire tax refund that is left over after the $2500 cash exemption? I would think legally he could only take my 1/2 of the refund refund, since the other 1/2 is an asset of my spouse who did not file BK,
While I don't like it, I certainly understand the trustee taking my part of the refund, since it is my asset, but my husband's half is his asset, can the trustee legally take my dh's portion? It seems like he wouldn't be able to if for nothing else than the refund is based on his sole earnings. The refund is not based on withholdings but strictly EIC and Child tax credit and while these two refundable credits are exempt in several states, they aren't in NY.
Thank you in advance for your time.
Adding to the question if I may...what are the other filing options for the above question..would it be better to file head of household for the person NOT filing for bk?

