Getting my ducks in a row

[NewPage]

As I get closer to filing, I have more questions arising, and thought I would get some input

1. For all of our marriage, my husband and I have had a joint checking account. We took my name off the account in April this year. At least 6 months will have passed between that and filing, most likely more than 6 months. Will funds in there be "safe" from the bank (B of A), with whom I have a credit card?

2. I was a signer on my husband's business account for about 11 years. We also removed my name from that in April. I have told him to open a new one, but he would rather not. What are the chances B of A will go after funds in that account once I file?

3. My name is on the house and HELOC. We are keeping the house. The house is with Sterling Savings and the HELOC with US Bank. Any experience with those lenders?

4. I have to take a pre-filing course, correct? Do I do that before I even go to my attorney?

[tobee43]

well...i'm not knowing, and maybe someone can give some input into your district....but all of those changes in april could sound off an alarm......

that being said....some of the items you mention like the changing of the business bank account will most likely not fall into the 90 day rule.

have you hired an atty as yet....being that you have a business i would highly advise you to get one. if your situation was cut and dry...it would be ok pro se....however, there are some questionable items that you do mention.

[discouraged]

I don't know many of your answers but yes, you have to get the certificate from an authorized reprentative (counselor) before you file - at least I did. She looked at my finances and wondered what took me so long. LOL.

Other folks here who are much more knowledgable about the rest of your questions will jump right in I am sure.

[tobee43]

all i know is this...oregon is an odd place....in reference to the law...at least my experience has indicated that. i'm from calif...but have handled legal situations in oregon, and found them to be to say the least a bit unusual from what i was "use" to. doesn't necessarily mean that's bad...it's just different. i'm certain someone else can help! jb....where r you...backtoschool???

i'm hoping someone from that area will know more.

[tcreegan]

Hi newpage,

Yup, you have to take a pre-BK class and it can be a great place to figure out what questions to ask your lawyer, get your numbers in place and sorta narrow the focus if you will.
Go to your BK courts website and there will be a list of approved agencies who can do the class. You can go cheap & online but we went for a little more $ and had some face-to-face contact.....then the gal said we were so bad they didn't feel right charging us....don't look a gift horse in the mouth I guess...

You have some good ones already; from your post it sounds like you are filing separately from your husband....?

Is the timeframe of removing you from the accts sufficient for BK purposes?

What is the effect of the joint names on the mortgage and HELOC?

What are the community property laws in your state and how will that affect the BK?

Does your spouse income need to be included, if so, how much and what will that do the BK?

And lastly, if you don't already have an attorney you use, don't be afraid to shop around for a BK attorney who is a 'good fit' for you and your situation.

And of course, ask away here on the forum! And you can do a search for your lenders name and see other folks experience with them.

Best in all of this,

Tom in Colo

[drowning123]

1. It will seem strange that you don't have a checking or savings account, especially someone whose husband has a business. Almost everyone has a checking or savings account. Not good.

2. Get a lawyer.

3. No clue.

4. You must take the pre-filing course anytime before you file. You can see an attorney before you take the course.

[oregonpilot]

Hi Newpage..
i took my pre-bk counseling from consumerbankruptcycounseling.info
Its accepted in Oregon and the cost is 0,zip,nothing!! someone on the forum mentioned it and then i checked to make sure it was accepted here.
Think there were just 2 states that didnt accept it.

I took the course before i even had my first attorney visit. He thought it was great that it was already done, one thing checked off the check-list .
Best to you.

[NewPage]

I do have a bank account, checking and savings actually. At a bank where I have no other accounts; I have had those for well over a year, and they are in my name only, always have been.

My husband is a sole proprietor and therefore the income in the business account is from him alone. He supports the household. I know his income will count for the BK, his bills too.

He also was the original sole owner of the personal account, I became a signer on it when we married - if that makes a difference. We are not going to attempt to conceal the accounts or any money in them, but that was done so that hopefully B of A will not go after any funds in the accounts. That's the only reason. Any funds in the account will be listed appropriately when I do file.

I know that we are not a community property state, but the lawyer I am going to use mentioned "tenancy by entirety". Any way you look at it, equity in the house is protected.

[drowning123]

I do have a bank account, checking and savings actually. At a bank where I have no other accounts; I have had those for well over a year, and they are in my name only, always have been.

Oh, OK. Then you're not in bad shape.