We are filing chap 7 end of this month. Last month husbands father had husbands name taken off his 2 bank account. He was listed as owner along with father. We never used this account for withdrawl or deposits. Will this somehow show up as one of our accounts? We didnt list it because it was never our money, didnt even know what amount was kept in them. Im sure father can prove all the deposits and withdrawls were his if it came to that. But can they find out they even existed? I really dont care what they take of mine, but we want to be sure they cant touch his accounts. We are in missouri. Im sure father has subastantial amounts in the accounts, due to recent sale of his farm , that he has worked for his entire life. Advice Please!
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Depends on who the primary account holder is? I was the primary account holder on 3 of my bank accounts and added my significant other. When I decided to file bankruptcy I took her off my accounts, no questions asked.
Good Luck, CatchmeifyoucanJuly 2006: Filed Ch13 :blink:
Oct 2006: Converted to Ch7 :clapping:
Jan 2007: DISCHARGED :clapping:
Nov 2007: CLOSED :yahoo::yahoo::yahoo:
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Generally, as CMIYC suggested, one person is the primary on any joint acct. If Dad's SSN is the one that is reported to the IRS, you probably have nothing to worry about.
The question the BK Forms ask is "Have you closed any accts within the last year?" Taking your name off an acct that gets left open is not the same as closing an acct. Especially when the money belongs to another person anyway.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Im sure father must have been primary. We never recieve bank statements , nor was husbands name printed on the checks. When father went in to remove hubbys name, they made him close the account and start a new one with just fathers name. Bank said they couldnt just remove hubby. But i am not going to answer the bk form that i closed an account within the last year. I didnt , father did. We didnt have to sign anything.4/10/07-Signed BK Petition-$600.00
5/22/07-341 DONE
7/23/07 Last day for objections
8/03/07 Discharged WAITING TO CLOSE.............:
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I faced this same issue during my BK. My name was on my elderly mother's checking account and she had approximately $15,000 in it. The bank also told me that she would have to close the account and open a new one to get my name off. I did not want to ask her to do that so instead we withdrew a lot of the money and bought CDs with it for her at another bank. That way if anyone decided that the money in her account (which was only hers, not mine) was one of my assets then there at least wouldn't be much there to take, and if they were able to take any of it it would have had to be only part of it since my sister's name was also on the account. Therefore I could only have been presumed to have had a one third interest in that money.
In the end, though, it didn't matter. I did not list the bank account anywhere on the BK forms, at the advice of my lawyer, and it never came up. Now I am discharged and closed so the issue is moot.
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I don't know if the account my husband had his name on it would compare to yours or not since it's not the exact instance. From the time our daughter was little, my husband had his name on her account along with hers. Late last summer he took his name off the account since she would be turning 21 on Nov. 3. We filed Bk the beginning of November and mentioned the account to our lawyer. He said even though it's actually our daughter's money, it would still be considered a transfer and that it had to be included on the filing page that asked if either of us transferred more than $500 (I think that's the right amount anyway) in the last 6 months. Since he had taken his name off of her account, he had to list it. I think the attorney had said that it's exempt anyway since it's only about $850. We had to be honest about it because I didn't want anything to come up at some point to bite us in the you-know-what.341 meeting: January 3, 2007
Last date for objections: March 4, 2007
Discharged March 22, 2007
Closed March 29, 2007
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