Legal Question in Bankruptcy in Nevada
Effect of filing bankruptcy as single if married
Can a credit card company attach my assets if they were discharged in my bankruptcy. Because I filed as an individual and it was a joint card can they attach my bank account if it is in my name only. Is he the only one they can legally go after now?
2 Answers from Attorneys
Is Bank Account Safe After Bankruptcy?
The question posed here is a little confusing - Did she lie and state on her Bankruptcy she was single when she filed Bankruptcy when she was really married" Or did she tell the truth and was divorced from the joint person on the credit account? It is really important that every answer on your Bankruptcy be truthful because if you lie there can be serious consequences!
If you are worried about a creditor listed in your Bankruptcy taking your bank account, something else is going on. Since you haven't told us what that is, I am left to guess. Whatever the problem, there are things that can be done to prevent the creditor from making this kind of mistake, as there can be serious consequences for them doint this. I have seen this problem come up from time to time & I would recommend communicating with your Bankruptcy attorney to deal with this. If it isn't handled properly, it can become a nightmare.
Paul is right, as always, that the law says your account is protected. But sometimes reality doesn't follow the law, and then what do you do? Especially if they take all your money? So once again, if it is important to you, contact your lawyer!
Re: Effect of filing bankruptcy as single if married
Here is the case citation standing for the proposition in Nevada that if only one spouse files for a bankruptcy discharge, the community property of both spouses is protected from post-discharge claims: NORWEST FINANCIAL. v. LAWVER, Supreme Court of Nevada, 109 Nev. 242; 849 P.2d 324; Bankr. L. Rep. (CCH) P75,203, March 24, 1993 (1993)
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