My wife an I filed for bankruptcy last year and now she is no longer having her student loans be garnished from her paycheck she is making monthly payments and I was wondering if we still needed to fi

[sanrmiller]

I was wondering if we still needed to file a injured spouse if we don’t have any garnishments

[JulieH1 · Accepted solution]

Injured spouse is only needed if there is a garnishment.  If you have the student loan issue fixed, you should not need to do one for this year IF you are sure the IRS has been notified.

I have seen it where the IRS has not been notified of the outcome of a case and they garnish it anyway.  They will pay it back after you prove your position, but it can take a while.  

I suggest better safe than sorry for this year, just in case.