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chicamarie

Trustee trying to make a claim against non-filing husband

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I posted this on my original thread but got no replies so I'm trying a new topic.

 

During the BK hearing the trustee latched on to the payment I made to the IRS with cash I had been sitting on in case of emergencies.  We got into a mess in 2009, husband lost his job, tiny kids, no cash, etc, credit cards, and I lost a lawsuit in February which is why the BK.  So when I inherited a little bit of money in 2012 I just put it in a cashier's check in a safety deposit box and sat on it so I knew we would have cash if necessary.  I am filing singly by the way - spouse is not filing. 

 

I was honest and told my lawyer about it and he said to get rid of it, so I put some in my IRA and paid our 2013 taxes.  My husband is self-employed but not a corporation or anything so we file together and always end up paying every year - lump sum since I'm never organized enough to do estimated payments.

 

The trustee decides that since the taxes are from my husband's business and theoretically I used MY money to pay them, that I am an "injured spouse" and that he is going to make a claim against my husband - this was in an email to my lawyer.  This was a couple of weeks ago, and then last week I got my discharge notice, but I know he could still file a claim, right?

 

My lawyer says he is just blowing smoke, since I would have to make the claim first, and the trustee would be second in line to me.  And the rules about injured spouses seem to not apply to me since I didn't have a refund coming or anything, and we're not divorcing, splitting assets, etc.

 

Any one have input about such a thing?  I'm wanting this all to be over!

 

 

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@chicamarie

 

Has your husband signed anything at all in which he stated that he's the sole owner of the company (such as an application for a federal ID number).  In other words, could you be considered part owner?

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He doesn't have a federal tax ID or anything. He has a CCB license with the state but that's just a license to be a contractor and doesn't apply to his business or tax status. I don't even think he has a DBA listed with anyone.

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@chicamarie

 

I'd ask my attorney if I could be considered part owner of the company.  If so, then the taxes you paid were also yours.

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Just to put a final nail in this BK coffin, I thought I'd post with an update, that the trustee finally gave up his quest to get the money that I paid to the IRS, and agreed to drop his threats of filing a turnover motion or pursuing a claim against me, or my husband.  He had even asked for and gotten an extension for the date by which claims had to be submitted, so I was still freaking out.  I was also becoming concerned about the value of my home.  His lawyer lives near me (in a giant house) and home values are ridiculously inflated, so I thought maybe they were going to question my homestead exemption.  

 

So, my lawsuit-bankruptcy journey appears to be over!

 

My lawyer just sat back and watched the intermittent emails from the trustee, and the trustee's lawyer, without raising a fuss or contacting them.  I was consistently reminded of that Sun Tzu quote about waiting on the banks of the river and watching the bodies of your enemies floating by . . .

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