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Money deposited in my name after bankruptcy is discharged

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  • Money deposited in my name after bankruptcy is discharged

    I was discharged from my ch7 last November. A couple weeks ago my fiance' had a situation where his ex had access to HIS seperate bank account online. She called asking what the money was. (sigh) It was not money he was hiding or anything like that, just so you know.

    He had taken his info off of their joint account and she was supposed to close it and they were to reopen seperate accounts. He held up his end of the bargain and she didn't. When opening this account he even spoke with the branch manager and asked if he opened the account would there be any way at all that his new account would inadvertently link to their old account since his social security number was in their system previously. They assured him over and over again this wouldn't happen. WELL it DID happen! He had even called to verify the accounts were not linked and was told they were not.

    Soooooo, he closed his account and we opened another one in my name and he deposited all of his checking and savings into my name for now.

    Will this money that really isn't mine, but now is in my name cause me any problems??? So frustrating. We were going to just close it and go to another bank, but the manager said if I opened an account, we'd get $200. So, I figured, why not? I totally wasn't thinking it could possibly affect my bk in any way until that evening and I started freaking out. Figured the money's in my name now, damage done. Is there any damage to having done this???

    I really hope not. I've been unemployed now for well over a year and have no income at all, had to walk away from my home that was included in the bk and just want to know if this money in my name now is anything I should be concerned about. We are going to close the account and transfer the money back in his name (at a completely different company) after the $200 is credited. I don't feel comfortable having that much money in my name. Especially when it's not mine. Yes, we are getting married, but until then, I don't consider the money mine, he doesn't care at all.

    Thanks for any advice. I haven't been on here in a few months.
    Filed Ch 7 July 23, 2009
    341 over September 21, 2009
    Discharged November 23, 2009 (received papers November 27, 2009)

  • #2
    This is all post your 7/23/2009 filing? I mean, you didn't deposit that money into your accuont until after 7/23/2009? If so, there are absolutely no problems whatsoever. Even if it were prior to 7/23/2009, you'd just need to prove that it wasn't your money, or that you had no equitable interest in the money.

    As a public service message... never ever co-mingle money with someone to whom you are not married. Even if you're getting married and a date is set, just don't do this. If you do need to do this, have a separate "household" account in a neutral bank. As you discovered, accounts are tied by SSN and not account number. This happened to me where I put a friend on "ONE" of my checking accounts -- a household account -- at the same bank as my 2 major accounts. She ended up with access to ALL my accounts, not just that "one", and she transferred $1,500 from one of the accounts one day into the "joint" account. All legal, but not authorized by me.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Hi justbroke,

      Yes, this was all literally 2 weeks ago. Thank you for your response! That's a huge relief.
      I had told him a long time ago that he needed to open an account at a completely different bank association because of this very thing. He didn't listen to me and said he used a different bank, when he really meant "branch".

      He's getting pretty tired of telling me I was right. LOL! OH well, thanks again and good to know I don't have to worry about it. Whew! I have enough to worry about with my now vacant house 600 miles away awaiting foreclosure.

      "This happened to me where I put a friend on "ONE" of my checking accounts -- a household account -- at the same bank as my 2 major accounts. She ended up with access to ALL my accounts, not just that "one", and she transferred $1,500 from one of the accounts one day into the "joint" account. All legal, but not authorized by me."
      THAT was exactly what I was afraid she'd do too! I told him that! I said, you better close that account ASAP or she'll transfer that money to one of her own accounts and you couldn't do a thing about it! Wow! So sorry that happened to you!!!
      Thank you again for your response!
      Filed Ch 7 July 23, 2009
      341 over September 21, 2009
      Discharged November 23, 2009 (received papers November 27, 2009)

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