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    Joint saving/checking accounts

    If I have a joint saving/checking account with a family member will creditors come after them? Should I close joint accounts?

    #2
    Originally posted by turtle59 View Post
    If I have a joint saving/checking account with a family member will creditors come after them? Should I close joint accounts?
    If your family member is also a co-signer on some of your debts, then yes - creditors can come after either owner of the debt. Is this the case in your situation?

    You didn't say if you were planning to file bankruptcy, but if you are I suggest that you remove your funds from the joint account now and open your own solo account so that there's no doubt about whose money is whose when you have to sort out if your cash holdings can be protected by your state's exemptions.
    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 go

    Comment


      #3
      account set-up

      lrprn......... Yes, I am going to be filing for Chapter 7.

      Family member is not a co-signer on any debt.

      Joint account was set up to help each other out in times of need, due to we are are on different costs and it's easier and there are no costs to transfer into accounts. Cheaper than Western union or wire transfer.

      I'm just worried that the court and or creditors may want to take from from my relative.

      Comment


        #4
        If your creditors get a judgment against you, then it is possible that they could clean out the entire account. You can prove that all the money isn't yours, but until that time, your family member will be out his/her money.

        Again, suggest pulling your share of the money out and getting an account of your own before you file.
        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 go

        Comment


          #5
          It would probably be best for you to establish separate accounts. By doing so you safeguard both yourself and your relative and avoid any possible problems.

          Edit: I'd suggest having your relative make a separate account as well. Do not close the joint account but leave only a minimum in it to cover any bank charges for using it.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #6
            That is happening to me right now, in fact my attny told us to get diff accounts at different banks. My wife and I were joint on one account that had a line of credit. Well the bank is now going after her to pay off the line of credit.

            So whatever you do - GET SEPERATE ACCOUNTS AND GET THE NAMES TAKEN OFF especially if there are lines of credit involved. That mistake cost me $800.
            Filed: 01/23/08
            341 Meeting: 02/29/08
            Discharged: 04/30/08
            Closed: 05/12/08

            Comment

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