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Bank setoff, limited to the only spouse filing BK?

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    Bank setoff, limited to the only spouse filing BK?

    If filing solo, wondering if my wife's assets, in her name only and in the same bank, would be safe from my bankruptcy filing's possible setoff? Would it be wise to have her move her assets to a new bank that I won't be burning when I file?

    #2
    Do you have joint creditors and/or joint accounts? I personally try not to keep demand deposit accounts (checking/savings) in the same bank where I have "major" creditors. That's because banks may have setoff rights or even cross-collaterization rights when it comes to property.

    Since you are talking about spouses and filing v nonfiling spouses "personal" and sole property, I would take extra care.
    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.

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