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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I want file chapter 7 (I filed over 8 years ago chapter 7 and

Customer Question

I want file chapter 7 (I filed over 8 years ago chapter 7 and it was discharged). I currently live with my boyfriend and we share a checking account. My boyfriend is going to remove me from our bank account before I file, but is there a question on the paperwork or will I have to submit a certain amount of previous bank statements?

I am unemployed at this time and passed the means test taken online, but just because I am broke does not mean my boyfriend is.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

cfortunato :

Hi - my name is Chris and I'm a Bankruptcy attorney here to assist you.

cfortunato :

Does all the money in that bank account belong to your boyfriend?

Customer :

all but just my monthly child support

cfortunato :

You will have to submit bank accounts for the 6 months before filing your Bankruptcy if, and only if, you have no "payment advices" to submit.

cfortunato :

Are you receiving unemployment?

Customer :

no I am not because I worked as a 1099 contractor

Customer :

what is payment advices

cfortunato :

Thank you for your response.

cfortunato :

"Payment advices" are paystubs and benefit award letters.

cfortunato :

If you were receiving unemployment, then you would have gotten an award letter from unemployment.

Customer :

if I file now how will our bank statements affect my bankruptcy?

cfortunato :

How much money is in the account? And how much of that money belongs to your boyfriend?

Customer :

after bills are paid about $300

Customer :

his money is in his savings

Customer :

transfered to his savings

Customer :

not a lot

cfortunato :

Since there is so little money in the account, and since most of it belongs to your boyfriend, that account will not affect your Bankruptcy.

Customer :

thanks so much! I appreciate your help!

cfortunato :

You're welcome!

cfortunato :

You should be able to provide a rating now.

cfortunato :

Thank you!