Legal Question in Bankruptcy in New York

Question about bankruptcy and bank accounts

I foreclosed in July of ''06'' and the bank foreclosed on my house and sold it. My mother wanted to put me on her checking account so I could do her banking easier can they take her money because I am on her account?


Asked on 11/02/07, 8:43 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Question about bankruptcy and bank accounts

A bankruptcy Trustee can seize anything that represents itself as Debtor's asset. If Debtor's name is on a bank account, no matter that it's actually Debtor's mother's money, the account must be reported to the Trustee and the Trustee can seize the funds in the account to pay Debtor's creditors.

If Debtor's name is removed from the account, Debtor must wait a certain time before filing for bankruptcy protection to avoid the Trustee's "look-back" period, which would result in the Trustee potentially seizing the funds in the account as an "insider" transaction.

Hope this helps.

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Answered on 11/02/07, 9:29 pm


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