ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Bankruptcy Blogs -> Florida Bankruptcy Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Bankruptcy

: Florida Bankruptcy Law

Are Joint Tax Refunds Protected As Entireties Property When One Taxpayer Files Bankruptcy?

By Jonathan Alper

ADVERTISEMENTS

Florida law presumes that personal property owned jointly by married couples is tenants by the entireties property which is exempt if one spouse files bankruptcy individually. A new client this past week asked me if a tax return he expects to receive would be protected if he filed bankuptcy. The prospective debtor files joint tax returns. The debtor make substantially more money than his spouse. Therefore, most of the tax refund relates to the debtor?s income. The question was whether the joint tax refund would be entireties property if the money mostly is attributable to the debtor?s earnings.

Many years ago bankruptcy courts did not protect joint tax refunds as entireties property. Following the Florida Supreme Court decision in Beal Bank in 2001, which decision expanded tenants by entireties, more than one bankruptcy court has held that joint tax refunds may be treated as entireties property regardless of the spouses? relative income. The courts have considered whether the spouses throughout their marriage always filed joint tax returns and whether the refund check was made payable to both spouses. One court reasoned that when spouses file joint returns both spouses are liable jointly and severally for tax liability regardless of their relative earnings, and therefore, the spouses should share protection of the tax refund when either spouse files bankruptcy.

Full post as published by Florida Bankruptcy Law on June 21, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0137 secs (new cache)