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Do I have to provide my bank statements or can I provide something else in lieu of them?

Turlock, CA |

My boyfriend is filing for Chapter 7 bankruptcy. We live together, have a child together, and live on his income alone. I am unemployed and have been for a long time. At his request I have been moving the money to my account to pay our bills. He has been using and paying on my car as well as using my credit cards. His attorney is asking for my bank statements because of the transfer of his wages to my account. I am not inclined to provide them as I don't want anything to do with this bankruptcy since all these debts were by far delinquent and defaulted before he met me. Is there some way to get out of providing my personal bank account information?

Attorney Answers 3

Posted

You wrote, “At [My boyfriend] request I have been moving the money to my account to pay our bills.
A: I'm uncertain, but this leads me to the impression the money is first landing in his account and then being transferred over to yours for payment of the bills.
If the money was being directly deposited into your account, I would tend to agree with attorney Bunce, nevertheless, I might just stick my heels in and provide the bank statements, (account numbers redacted), if trustee presses on the issue.

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Posted

In clarification. It really has nothing to do with not complying, but that my significant other is abusive and my family has been trying to help me personally with money that he does not know about. He originally tried to force me to beg for money from my family to pay for his bankruptcy before he obtained the funds some other way, so if he has access to the details of my personal bank account, it could be dangerous for myself and ultimately he will turn our son into a pawn. He is the reason I don't/can't work. He simply won't let me. Would this have any bearing on the court? Could I provide the statements without him getting sight of them in anyway?

Gary D. Bollinger

Gary D. Bollinger

Posted

It sounds like this is an extension of abusive behavior with the Unwitting connivance of his bankruptcy attorney. I think that you need to open a brand-new bank account at a different bank. This is bankruptcy court, not family law court if the trustee really wants the records, the trustee is going to get the records: I know of no provision for restricting debtor access, but if this situation arose ( i.e, the trustee demands the bank records) you could speak directly to the trustee, explain the circumstances and request that the information be kept from the bankruptcy debtor. Frankly I don't know if that would work but I see no harm in asking if it comes to it.

Posted

Sure, you don't have to provide your bank account records, you can let the US Justice Department obtain them by a subpoena directed to your bank! Hope this perspective helps!

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Posted

Since you are not married, and have no income, I think the attorney is simply trying to blunt any possible claim by the trustee that you are contributing to the "family" income in some way. I would ask the attorney specifically why he wants to see your bank records. If you don't get a clear answer, get a different BK atty.

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