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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My finace is filing for bankruptcy and we have a joint bank

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My finace is filing for bankruptcy and we have a joint bank account. What if any liability do I have? Are my earnings safe?

WALLSTREETESQ : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on
WALLSTREETESQ : How much do you have in the joint account?
Customer: We have a checking with about $5k and a small savings $4k
WALLSTREETESQ : Your earnings, and personal property will be protected,
WALLSTREETESQ : however if you are married, and he files,
WALLSTREETESQ : any joint assets such as homes, or cars with both names can be taken,.
WALLSTREETESQ : it is best for him to file bankruptcy before marriage, as the court can only take assets and property in his name,
Customer: Ok. What about the bank accounts being in both names?
WALLSTREETESQ : That could be a problem,
WALLSTREETESQ : he would have to list it as an asset,
WALLSTREETESQ : and if you have significant money in the joint account, it is possible the trustee of the court can take it,
WALLSTREETESQ : so it is best to remove your money from the joint account,
WALLSTREETESQ : Aside from the joint assets, his bankruptcy will not hurt you in any way,
WALLSTREETESQ : as your credit report would not be notified, and your social security number would not be used,
Customer: But the court can't take my money in the account can they?Great Thank you
WALLSTREETESQ : No, since you are not married, however, you have to prove the money is yours only,
WALLSTREETESQ : and you would have to show proof, that the source of the income was from you only,
WALLSTREETESQ : I would not keep the money in the account, if he is planning to file.
Customer: ok. This helps Thank you
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