Legal Question in Bankruptcy in California

money in savings acct and Bankruptcy

we've been living off our savings and have about $40k left. can BK court take any of what has been spent to live, eat, cloth ourselves over the last few months? we know they will want what's left to pay creditors, but that will be very little by the time we go to court.


Asked on 7/06/09, 2:57 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: money in savings acct and Bankruptcy

You really should meet with a bankruptcy attorney to discuss your situation. If you file chapter 7 tomorrow, its almost a certainty that you will lose some or all of the money in savings, depending upon your other assets and how much equity you have in your home. There may be other solutions including looking carefully at the timing of your bankruptcy filing. Whatever you do, do not attempt to transfer or move that money to someone else. Talk to a bankruptcy attorney first. Most of us give an initial consultation free of charge, and then at least you can put together a plan to move forward.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/06/09, 4:54 pm


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