Can a bankruptcy trustee take all of a joint tax return?

Can a bankruptcy trustee take all of a joint tax return?

I filed bankruptcy on 08/28/10 (Chapter 7). I’m married but my case doesn’t include my wife it was all sole debt I had before I got married. The trustee wants me to surrender the whole joint return. My wife and I feel the trustee should only be entitled to my half of the return, and why should I have to surrender 100% of my portion because I filed 3/4 of the way through the year. Also, my wife was in no way associated with my bankruptcy. Should they take the return since my income was already included in my case?

Asked on October 26, 2010 under Bankruptcy Law, Indiana

Answers:

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