Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
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It is possible that the trustee will retain the funds
All assets owned by a debtor on the date of filing are considered to be property of the estate unless the asset is exempted by a specific exemption
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The presumption is that any bank account that you are signatory on is your asset and is therefore part of the bankruptcy estate
To overcome this presumption, you would need to file an adversary proceeding in the bankruptcy and ask the court to determine that the account is a "convenience account" and should be omitted from the bankruptcy estate
I suggest that you retain the bankruptcy litigation attorney to assist your bankruptcy attorney
Bankruptcy litigation is very complex
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Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com
I wish you the best at this difficult time
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