Legal Question in Bankruptcy in California

bankruptcy issue

I am considering filing bankruptcy.� I have a credit card with ''XYZ'' Bank that would be affected.� It has a $10,000 balance. I do not have any checking or savings accounts with them.� However, my mother has checking acct with this bank and I am on her account (only for inheritance purposes).� When the bankruptcy becomes known, I want to prevent XYZ Bank from unilaterally trying� to recover their credit card losses from my mother's account.� I understand I cannot simply pay off the card as it violates preferential treatment law in bankruptcy.� I do not want my mother to know about any of this, and thus cannot just remove my name from her checking account and cannot ask her to open another account.� What can I do?� One thought I have is to open a checking account on my own at XYZ Bank and deposit a small amount.� If XYZ Bank later tries to recover their credit card loss, they would have to try to recover funds from my checking account first, is that correct?��� Are there any legal problems for my bankruptcy by taking this action?� I understand one can always open a checking account anywhere even during bankruptcy proceedings, correct?� Please comment on this idea, and or give me alternatives.� Thank you.


Asked on 7/29/08, 10:45 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: bankruptcy issue

If you file bankruptcy, the bank will freeze your mom's account and notify the US Trustee. The Trustee may take the money and pay your creditors in their proportionate shares. Having a separate account in your sole name will do you no good.

It is poor estate planning for your mom to put your name on her bank account. That account is not safe. Any of your creditors can get a judgment against you and seize that account. Your mom should have an attorney do an estate plan for her. You might want to offer to pay her for this service (the cost to you should be less than $1,000).

In a Chapter 7 bankruptcy you may be able to claim the account exempt under various theories. You also may be able to file a Chapter 13 in which case the bank account would not be an issue.

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Answered on 7/30/08, 5:06 pm


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