Sheeesshhh A New Thought

[SinkingFast]

Even though the money is not mine, I am listed on a couple of family members' checking accounts. Son's and Mom's. A few times, when Mom has been sick (Dad is deceased), I have written checks on her account to pay her bills. Insurance, doctors, hospital, pharmacy, etc. My name isn't even listed on son's checks. Legally, I can make deposits and withdrawals at the bank but I don't. It's his account for college tuition, books, gas, insurance, and other car expenses. Again that was a "just in case" thing so I could pay a bill for him if need be. Say he got sick and his tuition was due or I had to pick up his car from a repair and needed to pay the bill for him.

If Hubby and I do follow thru with BK, can the Court go after those checking accounts because I am listed as a secondary??? Or does only the primary's Social Security number show making them not traceable back to me??

[bkfiler]

good question. things like this can creep up to haunt you. ill wait for others, with knowledge, post but remeber that you can ultimately show that its their money coming from their funds then it wont be a problem and wont have to be included in your financies.

most of this stuff is pretty simple, the problem is showing the trustee what is yours or not and how much stuff is worth if he gets a wild hair. in the end it works out pretty well.

[SinkingFast]

Thanks, BKFiler, for that thought about who's money is who's.

Both keep their bank statements. Mom's show her Soc Security deposits, and Son's show his deposits when he gets paid. The statements also show checks written (which are copied and included each month showing who signed), and debit card activity shows where debits were made and for how much. Mom typically gets a little money from the ATM from time to time and uses her Debit at the grocery and drug store. Son uses his debit everywhere for everything. Gas, tuition, you name it. There are most definitely debit charges for him when I could not possibly have been at that particular place at that particular time.

[StaciMM]

I think others here have posted about similar situations, and in the end were ok because they could show that the money wasn't from them. It is not at all unusual, I think, to put someone else on an account for access 'just in case'.

[ODDBALL]

I had this same situation. I am listed on one of my father's accounts. I was up front with my attorney from the beginning. I did not have any problems at all, as none of the money in the account belonged to me. I am only on the account in case of emergency. The account was listed on my bk petition, but stated that I had no interest in the account, other than emergencies. I was frightened at first because I had been previously told that the trustee could take the money. It almost made me back out of my petition. But as long as you really don't have any real interest in the accounts, you should be ok. Still, discuss this with your attorney. Good luck!!!

[suprdav2]

might depend on the area you're in, and what bank they all bank with. Check with your attorney for advice, though.