Massachusetts Bankruptcy Lawyer

Separated couples may take advantage of the tax refunds they receive to do what they might have been putting off until now – filing for divorce. There are key bankruptcy-related concerns for divorcing couples. Even a couple in agreement as to all child custody and property division issues and filing an uncontested joint petition for divorce may have liabilities arising during the course of the marriage. These liabilities are required to be listed and disclosed to the other party on each spouse’s financial statement filed with the court. Often, couples during marriage incur debts on joint credit accounts used for ordinary household expenses otherwise shared by the parties as equally as possible. Each spouse is equally responsible as co-signer on such accounts and may even be responsible as an authorized user if the spouse of the account holder for household expenses during marriage.

Couples filing an uncontested joint petition file along with it a separation agreement detailing the understanding between the parties as to child custody issues and property division. The division of responsibility for liabilities occurred during marriage is usually provided for in this agreement. Couples in a contested case would want to the extent possible to avoid litigation over responsibility for marital debts and thereby at least save themselves some amount of attorney fees in their case. It is advisable for couples contemplating an uncontested divorce who have liabilities to before divorce file a joint petition for bankruptcy to deal with their debts. However, couples who might wind up in litigation over child custody or other property division issues might want to reconcile prior to the commencement of divorce proceedings in order to discharge their marital debts.

As always, couples contemplating such scenarios are advised to seek the advice of divorce and family law as well as bankruptcy law counsel in their respective jurisdiction. In addition, the above scenarios are particular to Massachusetts Probate and Family Court actions for divorce.

As the personal income tax return filing deadline is today, there are important tax-related bankruptcy issues to be addressed. Clients should get back from their attorneys any earnings statements they may have provided their attorney with as they will be needed in order to complete their return. Normally, back taxes and other debts owed to the government are not dischargeable in bankruptcy but rather are priority unsecured debts subject to withholding by federal and state authorities of any monies owing to the taxpayer. The government will get its money, even if it means retaining your refund until the debt has been paid off or at least a repayment plan has been arranged.

Under current bankruptcy law, debtors filing for bankruptcy must provide to the trustee presiding over their case income verification in the form of their last year’s completed tax return as well as their pay stubs for sixty days prior to the filing date. Trustees do not hesitate to seek the amount of any tax refunds as non-exempt assets subject to seizure in a Chapter 7 case. You will definitely be asked at the creditors’ meeting about the amounts of any tax refunds you expect to receive.