341 is scheduled for 6/29 Questions

[myhearts07]

Hey All,
Hearts here. Finally got everything set for DH's bk7. we are going before the trustee on 6/29. I wanted to know about joint checking and savings account. THe paralegal said that the trustee could take money from my checking account (even though it was my income) bcause DH was listed on the account. Is this true? Can they take half? We have about 5K in joint savings account which is our tax refund and some money we have added. Can or will they take 1/2 of that too? We are not reaffirming the house and have been trying to save so we can move but if they take half of the savings, we are kind of screwed because that is $2500 and we have til September to get enough saved to get out and into a new place.

Hearts

[JoeBankrupt33]

First of all, I don't know.

You should have listed this account on your bankruptcy, and I suspect that the account is for both of your benefit. I tend to think that half the money is his, and therefore, half the money is part of the bankruptcy estate, unless you can exempt it.

[myhearts07]

Hey Joe,

It is listed on the bk as far as I know. THe paralegal called DH to ask about it because he has a separate checking account and she wanted to know the balance in it and our joint. It was always listed, we were not hiding anything. Not trying to give the trustee any reason to not give us the discharge.