I have another person added to my checking account. The other person has their own money in this account as do I. We have documentation showing who deposited what. The other person recently paid off some of their credits cards in excess of $20,000. I may need to file bankruptcy some time in the future. Can the Trustee make the other person in my account pay back any of that money for my bankruptcy?
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Don't think so - if you can prove that what the other person deposited and paid were strictly the other person's -
The key here is if the other person's name is listed on the account as a co-owner of the account. If the person is not listed on the account in any way, then that could be a problem if you file.Originally posted by Willy13 View Post
I would suggest that the other person open his/her own account now and get all their money out of your account well before filing. And keep ALL the documentation related to this sharing of funds in case this comes up as an issue after filing.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to goComment
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Yes they are definitely listed as a joint account holder in the account. They have also removed all their funds. Only mine are left in there.Last edited by Willy13; 08-23-2008, 01:06 PM.Comment
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Hi Willy13: I am glad that your joint owner has removed his/her funds. We had a situation somewhat similar that could have been sticky for the other person on the account. Thankfully it didn't happen. You might want to go ahead and close that account to get that other name off and open your own account. This depends on how close to filing you are.
In any event, listen to lrprn, before you listen to me. She has much more experience.
Good luck to you!"To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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It will be a at least a year before I file, I have enough in my account and with my current income to get that far. I'm still hoping I can get additional work and pay it off and avoid this whole mess. In the mean time I'm trying to do everything right like not using the cards for anything. What got me in this mess was taking out large balance transfers and stupidity with the stock market. I'm so afraid they won't discharge my case because of that. I didn't do anything dishonest, just very stupid. To think, only a couple years ago I had a credit score over 800 at one point. What a mess
Last edited by Willy13; 08-23-2008, 03:11 PM.Comment
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