04 Feb What happens to Non-filing Spouse’s Tax Refund in Bankruptcy?

What happens to tax refunds in a bankruptcy case?According to a recent decision by Judge Krechevsky of U.S. Bankruptcy Court in Connecticut, not only is a non-filing spouse's tax refund not part of the bankruptcy estate subject to a grab by the U.S. Trustee, the tax refund itself must be apportioned according to the contributions withheld from the respective spouse's pay in the calendar year for the tax refund.
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