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    Spouse won't cooperate with BK

    My spouse wont provide her bank balances. How do I get this information on her individual account. Well the court make the bank provide it?

    #2
    If it is her individual account then you won't need it. It's her asset, not yours. Now if you put your money in to the account then that is another issue.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      Is your spouse filing?
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

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        #4
        Since your money is your spouse's money and visa-versa, if she does not cooperate and the Trustee really wants the info, the Trustee has the power of the subpoena and will get it.

        Des.

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          #5
          GHG, best of good luck to you - on a different level, this can be really bad for a marriage...

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            #6
            This is so sad....
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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              #7
              Originally posted by AngelinaCat View Post
              This is so sad....
              It is.
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

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                #8
                This is a individual filing, though California is a community property state, so my attorney needed it. She went ahead and listed it, but left out the amount.
                We have marriage problems as you can see. I figured the trustee will subpoena this if he wants it as Despritfreya states.

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                  #9
                  It is my understanding that in a Community Property state, married people own everything that they have garnered/earned during the marriage, unless something was protected by a prenuptual agreement. So, to me, that means she should turn the amount of her accounts over to the trustee.

                  Am I wrong? I could well be. In any event, you have my sympathies.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

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                    #10
                    You are correct that the amounts belong to both. This is not the problem as it is exempt anyway under CA exemptions. The problem is that with the friction in the marriage she won't provide the balance. The trustee will have to subpoena the credit union if he needs it.

                    *This assumes she doesn't have a very very large balance that I don't know about.

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                      #11
                      Ummm, I think you have just stated the reason.

                      If you don't mind, {{{HUGGS}}} to you; you need it.

                      Please stay with us and keep us posted as to how you are.
                      "To go bravely forward is to invite a miracle."

                      "Worry is the darkroom where negatives are formed."

                      Comment


                        #12
                        Originally posted by GHG7F0 View Post
                        You are correct that the amounts belong to both. This is not the problem as it is exempt anyway under CA exemptions. The problem is that with the friction in the marriage she won't provide the balance. The trustee will have to subpoena the credit union if he needs it.

                        *This assumes she doesn't have a very very large balance that I don't know about.
                        Best of good luck on all ends...in my own situation I found another board to deal with the ... other issue (which for now for me seems to be improving)...if you'd like, send me a private message and I'll send it to you.

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