Legal Question in Bankruptcy in Florida

Bankruptcy and Joint Bank Accounts

My mother has all three children as joint owners on her banking accounts. One is planning on filing bankruptcy. Since a lien can be brought against his portion of the money, how would this lien effect my mother's use of his portion of the money in these accounts? Is the portion upon which the lien is brought the amount at time of judgement or at the time the account is closed?


Asked on 3/03/01, 12:58 pm

2 Answers from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Bankruptcy and Joint Bank Accounts

1. Is it her money or is a portion of it owned by the person filing bankruptcy. If it is her money soley she should take his/her name off. If a portion of it is his/her money you should withdraw the funds that are not his and leave his portion in the account. I would not wait to move the money that is not owned by the person filing bankruptcy

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Answered on 4/30/01, 6:30 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Bankruptcy and Joint Bank Accounts

Close the account except for the money which represents the proposed filers portion.

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Answered on 4/30/01, 7:32 pm


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