Will a joint account be protected when I file for Chapter 7?
Chicago, IL
Viewed 101 times.
Posted 4 months ago in Bankruptcy / Chapter 7
Flag as objectionable
I have a credit card with my banking institution. My lawyer advised me to keep that account at a minimum as it will probably be frozen. I am also on my mothers account at that same bank. Will taking my name off her account keep that account safe? One lawyer said yes, another said it will look like fraud, when really all I'm trying to do is protect her money from being frozen when I file.
Answers (1)Andrew Joseph Miofsky
This attorney is licensed in Illinois and 1 other state.
Posted 4 months ago.
Flag as objectionable
This is a tough question to answer because the issue is likely to turn on additional facts, such as who uses the account and what is the source of the money deposited into the account.
Banks are entitled to freeze and apply to the court for set off of funds held on deposit when the account holder files bankruptcy and has a debt with that bank. If your name is on the account as a joint owner with right of survivorship, you are a legal owner of the money in the account with access to withdraw all or part of the money. If you take your name off of the account, you can be considered as having made a fraudulent transfer of your interest in that money to your mother. The presumption is against you, and you have the right to a hearing to try and establish facts that rebut that presumption. Even though you are contemplating bankruptcy, your mother should seek legal advice from her own attorney who is well versed in bankruptcy law as to her rights in that account. Depending on the facts surrounding that account, It might not be necessary to remove your name. |