Taxes

Hi!! I am currently in Chapter 13 100% plan- I filed individually, husband is non filing spouse. In past, we have always filed jointly, but we are debating if we should file separately this year and moving forward. If we file separately, I think my husband would be at a disadvantage due to his higher income.

Spoke with my attorney to inquire about how I/we should file. My lawyer kind of gave me an ambiguous answer when I inquired if the Trustee could take our refund if we filed jointly. She said it depends how large and how much she can exempt, but then when I asked for clarification she said no the Trustee can’t the refund. I’m so confused as I don’t want to make the wrong decision and want to make sure if we are entitled to a refund that we would be able to keep it.

Does anyone have any past experience with this? Will the trustee keep refund if we filed individually jointly?