My wife's Car? Old bank account?

[devildog]

I need some advice. I need to file bankruptcy. I believe I will be filing a chapter 7 and am going to set up an appointment for next week to talk to an attorney.

My wife and I have 2 vehicles and they are both owned outright. My wife is NOT FILING with me. My first question is, if one car has both of our names, but the other one is in her name ONLY, do I need to list both vehicles or just the one with both of our names on it. She is very concerned that they will try and take her vehicle even though she is not filing and she has a full time job where she needs the car, the good gas mileage one, because she drives over 500 miles a week. We also have an older van to take our kids around in for school etc (we have 4) and we all won't fit in the car. Also I am looking for a job and may have one that I can start in Sept, so I'll definitely need the van for work.

Another question. If I had a bank account in another state that I closed down a few months ago, do I have to include that with my 6 months worth of bank statements? Is there a way for them to find out if I don't list it? I've been told that they can only proceed based on what you tell them and most of the time they'll never know if you had an insignificant bank account in another state. I just want to get other opinions on this.

Any advice would be greatly appreciated!
Thanks!!

[devildog]

do i have list my wife's car if my name isn't on it?

I need some advice. I need to file bankruptcy. I believe I will be filing a chapter 7 and am going to set up an appointment for next week to talk to an attorney.

My wife and I have 2 vehicles and they are both owned outright. My wife is NOT FILING with me. My first question is, if one car has both of our names, but the other one is in her name ONLY, do I need to list both vehicles or just the one with both of our names on it. She is very concerned that they will try and take her vehicle even though she is not filing and she has a full time job where she needs the car, the good gas mileage one, because she drives over 500 miles a week. We also have an older van to take our kids around in for school etc (we have 4) and we all won't fit in the car. Also I am looking for a job and may have one that I can start in Sept, so I'll definitely need the van for work.

Another question. If I had a bank account in another state that I closed down a few months ago, do I have to include that with my 6 months worth of bank statements? Is there a way for them to find out if I don't list it? I've been told that they can only proceed based on what you tell them and most of the time they'll never know if you had an insignificant bank account in another state. I just want to get other opinions on this.

Any advice would be greatly appreciated!
Thanks!!

[lrprn]

Devildog, I deleted your duplicate thread. Here in BK Forum, we encourage posting your questions in only one thread so you'll get all your answers in one place. We've found you'll actually get more answers of higher quality this way. Thanks!

[lrprn]

I need some advice. I need to file bankruptcy. I believe I will be filing a chapter 7 and am going to set up an appointment for next week to talk to an attorney.

First suggestion - set up at least 3-4 appointments. You'll find that all bankruptcy lawyers are not equal and have a chance to see which lawyer you think you can work with best.

My first question is, if one car has both of our names, but the other one is in her name ONLY, do I need to list both vehicles or just the one with both of our names on it.

The car that is in her name only does not have to be listed if you file alone without her.

Also I am looking for a job and may have one that I can start in Sept...

Are you close to the median for a single filer in your state? You may need to be careful about bringing in more income before filing if that's the case. Which state do you live in?

If I had a bank account in another state that I closed down a few months ago, do I have to include that with my 6 months worth of bank statements?

Although lawyers may ask for 6 months of bank statements to get a better picture of your finances, they aren't required when you file. Only current accounts listing their balances need to be included when you file.

[keepmine]

If the account is insignficant, why not list it? They ask for accounts closed within the past year. I'd not tempt fate. They are a lot of ways to find out if you ever had accounts you don't list. You'll turn over tax returns and if you ever had an interest bearing account, there, likely you claimed it as income on your tax return.
If the car is in your wifes name, it'll be no problem unles, you removed yourself from the title recently.

[magyar123]

Someone else might chime in on the car issue. As far as your bank account issue goes, if they want you produce 6 months worth of bank statements, you better cough them up.
"What you tell them" ??? Once you file bankruptcy you better be honest about everything because if they dig up dirt about you your bankruptcy will be dismissed.

[AngelinaCat]

Hi devildog: Welcome to the Forum.

Some of what you are asking depends on what state you live in. If you are in a community property state, what you own she owns and vice versa--is my understanding of that. There are several members here who live in California, and they can tell you more about this than I can.

Now if you live in a joint tenancy state like Florida, its a little bit different. In Florida, if you file and she doesn't, the car that has both your names on the title will be included in your BK. Her car titled in her name only should not be touched. In Florida, you are allowed an exemption of $1000.00 per vehicle. I am unsure whether a husband and wife filing jointly could double that. But that is moot here, given that only you are planning to file.

On the bank account; if it was closed several months ago, by the time you get all your paperwork filled out, gathered, and all that, it will probably be past the usual 6 month lookback period. The lookback period starts the day you file.

And while we are on bank accounts, there have been several threads discussing online accounts such as PayPal and eBay. Some members' attorneys say to list the PayPal information, and just as many members' attorneys say not to bother with it, so whether PayPal is an issue seems to be up to the district you will be filing in and what the individual trustees think.

But these are some good questions to put to your prospective attorney. It is advised to consult with at least two or three before you settle on one.

Good luck to you!

[AngelinaCat]

Hi devildog: Welcome to the Forum. I erred when I posted this on your other question about the car, so I'll post this here.

Some of what you are asking depends on what state you live in. If you are in a community property state, what you own she owns and vice versa--is my understanding of that. There are several members here who live in California, and they can tell you more about this than I can.

Now if you live in a joint tenancy state like Florida, its a little bit different. In Florida, if you file and she doesn't, the car that has both your names on the title will be included in your BK. Her car titled in her name only should not be touched. In Florida, you are allowed an exemption of $1000.00 per vehicle. I am unsure whether a husband and wife filing jointly could double that. But that is moot here, given that only you are planning to file.

On the bank account; if it was closed several months ago, by the time you get all your paperwork filled out, gathered, and all that, it will probably be past the usual 6 month lookback period. The lookback period starts the day you file.

And while we are on bank accounts, there have been several threads discussing online accounts such as PayPal and eBay. Some members' attorneys say to list the PayPal information, and just as many members' attorneys say not to bother with it, so whether PayPal is an issue seems to be up to the district you will be filing in and what the
individual trustees think.

But these are some good questions to put to your prospective attorney. It is advised to consult with at least two or three before you settle on one.

Good luck to you!

[lrprn]

Devildog, I deleted your duplicate thread. Here in BK Forum, we encourage posting your questions in only one thread so you'll get all your answers in one place. We've found you'll actually get more answers of higher quality this way. Thanks!

And now I merged your two threads asking the same questions that both have responses so that all your answers are in one location.

Please do not post duplicate threads asking the same questions - it's against our forum rules.