Our paperwork hasn't been officially 'filed' as a bankruptcy yet, but today we found out that my husband's name is on his mom's bank account (along with his two brothers) in case anything ever happens to her. We haven't included this information in our bankruptcy paperwork (because we didn't know about it) and his mom says she can't have his name taken off the account unless he goes to the bank and fills out a form. She lives 8 hours away, so we can't do that. How does the bankruptcy court approach this? Obviously, he has never used this account, and doesn't have access to it, the bank it is in isn't even in our state.
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You state that your husband does not have access to this account but that is not true - if his name is on the account, he has access to the account and any funds therein. It doesn't matter where the bank is located. Give your attorney a call on Monday, explain the situation and follow his/her instructions._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket" -
Hum....great heads up..Im my Moms POA and Im on her account as well, since I pay all her bills.
Doesnt apply to me here since I'm just her authorized user...but good to know anyway for others.Last edited by ready2puke; 10-18-2008, 01:04 PM.Comment
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Is he actually a joint account holder, or is his name just on there as a "Pay On Death" person? Because there is a difference. My mother used to be on my checking account, and next to her name it said "POD", which meant "Pay on Death". In other words, she had ZERO access to my account unless I died and she could produce a death certificate. At that point, she could access my account immediately without having to wait for my estate to be settled.
I would think the BK Court would also recognize this distinction, but maybe not. Of course, if he is listed as a joint owner of the account, then that's entirely different.Filed Ch. 7 (no asset): 12/30/2008
341 Meeting: 01/26/2009
Last Date for Objections: 03/27/2009
Discharged & Closed: 03/30/2009Comment
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It shouldn't be a big deal unless there is money flowing back and forth between the accounts. that should not be hard to prove.Originally posted by Flamingo View Post
I wouldn't lose sleep over it.Chapter 7 07/30/2008
341 09/17/2008
Discharge 11/21/2008Comment
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If it were me, I wouldn't say anything about it. There's no way they can find out. Why even open that can of worms?Filed Chapter 7 Pro-Se May 29, 2008
341 July 1, 2008
Discharged September 4, 2008
Closed November 10, 2008 :-)Comment
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