judgments & tax refunds

[mommadoo2018]

What is the name of your state (only U.S. law)? New York

My husband has been unable to work for almost 3 years. I have taken a second job, but am only able to pay our living expenses and my debt. He has at least one judgment for credit debt, but has no income for them to garnish. I have 3 questions:
- Can MY income tax refund be considered an asset for HIM because we file jointly?
- Can a creditor seize that refund from our joint bank account (he has no individual account)?
- Can he declare personal bankruptcy and prevent either #1 or #2 from happening?What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? New York

My husband has been unable to work for almost 3 years. I have taken a second job, but am only able to pay our living expenses and my debt. He has at least one judgment for credit debt, but has no income for them to garnish. I have 3 questions:
- Can MY income tax refund be considered an asset for HIM because we file jointly?
- Can a creditor seize that refund from our joint bank account (he has no individual account)?
- Can he declare personal bankruptcy and prevent either #1 or #2 from happening?What is the name of your state (only U.S. law)?

1 ~ Yes the refund could be considered an asset for him.
2 ~ Yes it can be siezed from the joint bank account
3 ~ Possibly. You should speak to a bankruptcy attorney. A BK filing should not be taken lightly.