An interesting question to which I am not sure I know "the answer". But, the 13 Trustee is the one who is going to refund the overpayment. He or she would I think make a check out to both the Debtor and the Joint-Debtor, as the refund from the joint bankruptcy belongs to the two persons in the joint bankruptcy. Thus, I would expect the trustee to pay the over payment to both of you in one check, unless you ask them to issue two 1/2 checks. As to whether you owe the money to her, I would...
You do not have to live in your house. You are free to move after or during your bankruptcy.
If you are in a Chapter 7, you do not need to do anything. If you are in a 13 with a confirmed plan that said you were going to keep the house and pay for it, but you have now changed your mind, then you need to amend your 13 plan to surrender the home or else you will be paying for the house you are not living in.
If in a 13, you could always rent out the place if the rent is enough to pay the cost...
In a Chapter 7 bankruptcy, you could surrender the vehicle, and discharge the entire debt on the car and the $6,300 in credit card debt. Or, in a 7 you could redeem the car by obtaining a new loan for what the car is worth. Unfortunately, loans obtained in the middle of your bankrutpcy run at 24%, so it might be difficult to get a lower payment even on a lower balance at 24%. A 13 would probably require payment of the full amount owed on the car, although at 4.75%.
There are many bankruptcy...
Certainly bankruptcy would relieve you of the obligation to pay the car loan. Furthermore, if you were cited for an accident without insurance, your drivers license could be suspended, but a bankruptcy could help with that too. Ultimately, whether you should file bankruptcy is a complicated issue that you should discuss with a bankruptcy attorney.
It sounds to me like you owe income taxes for unreported income. Some taxes can be discharged in bankruptcy, with the first requirement being the taxes were due more than three years prior to filing bankruptcy. Thus, you should consult with a bankruptcy attorney to determine whether bankruptcy could provide you with some relief.
Sounds like someone has unpaid student loans, who is facing aggressive collection action on same. While bankruptcy usually does not discharge student loans, a Chapter 13 could buy some breathing room by imposing a stay on any student loan collection during the bankruptcy. Sounds like "he" might benefit from an initial consultation, likely free, with a bankruptcy attorney.
In Kansas, you can protect up to $20,000 in equity in a vehicle against a Chapter 7 Trustee. If you owe money on the car, you will have to pay for the car one way or another to keep it.
Most people who are current on their car loans before they file bankrutpcy are able to keep their cars by continuing to pay for them.
Kansas does allow you to exempt the portion of your refund that is due to earned income credit. Otherwise, the trustee would be entitled to the majority of your 2012 refunds as you would be filing late in 2012. Kansas trustees often do not take any non-exempt property unless they receive more than $1,000.
If your car lender holds a properly perfected lien on the title of your car, then they hold a claim that includes all interest and fees allowed by the note you signed. There are different ways to keep a car in a Chapter 7. One way is to redeem, where you pay the lender in full what your car is worth regardless of what you owe. Then, the difference is discharged in bankruptcy and you do not have to pay it. This usually requires a new loan right after filing but before your bankruptcy is over,...
I am afraid your situation is already so tricky and involved that I cannot offer much more advice than you need to be meeting with a new bankruptcy attorney immediately. You should be able to find an attorney who is willing to meet with you free of charge.