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Roger
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Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Sister is a secondary account holder on elderly mothers primary source of funds. Si

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Sister is a secondary account holder on elderly mother's primary source of funds. Sister will be filing for bankruptcy (Ch 7). Can we protect the mother's bank account from being included in the assets of the bankruptcy? All deposits and withdrawals were conducted by the mother.

Bankruptcy will be filed in New Mexico, mother and banking account are in Texas
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. As long as your sister can prove that the money in the account is not hers - - but your mother's - - then it should be fine.

Your sister would have to disclose to the trustee that she owns this joint bank account. Even if she does not have any assets in a bank account, she must disclose the existence of that bank account and declare to the bankruptcy court that it holds none of their assets.

Thus, the money traceable as being your mothers' money would not be attached by the bankruptcy court.
Customer: replied 1 year ago.

Thank you for your answer.


 


During the time between the disclosure to the court at the time of filing and demonstrating that there are none of sister's money in the account, is there any chance that the money would be "frozen" or inaccessible to mother? This account is her solitary liquid asset.

Expert:  Roger replied 1 year ago.
It is POSSIBLE that the account could be frozen if the trustee believes that the money in the account belongs to your sister or if the trustee believes that your sister is using the money for herself. If that were to happen, the court could hold an emergency hearing where your sister/her attorney and your mother could show that the funds belong to are are only used by your mother.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26346
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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