Wife has Chapter 13, Car Payment question

[Choncho]

Hello,

My wife and I are are going through the CH13 process, (but only in her name), and we recently completed the 341 meeting which went well. The Trustee questioned when the car payments would be finished, so we'll have to supply that soon.

My questions are:

1. I know in our situation with just her filing, they still look at our "combined income" to establish final disposable income and then a payment figure to the Trustee. Even though the car is in "my" name, when it's paid off, will her Trustee payment increase?

2. If Yes to the above, will I be restricted in the ability to purchase a used car in the future during her CH13 plan?

3. We normally file our Taxes as Married Filing Joint so we get a decent refund, we have three kids. But I understand that any tax refund with her name on it, will be seized by the Trustee. So our attorney said to simply file separate tax returns and do so in a manner that will let the refund go to my name instead, that way we don't lose the money. Does this sound correct? It does to me, but just want to see someone else's opinion.

thank you for any information.

[thomassl]

I'm curious to ask why you didn't ask them same questions at your bankruptcy meeting? I do know that in a Chapter 13 when it comes to your tax refund, you can petition, through your attorney, the trustee to keep your refund. You would have to give a humble detailed explanation "why" but it does work!