Can a bank account with co-ownership be closed without penalty before filing for bankruptcy?

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My child & husband are taking steps to file for bankruptcy. As a single parent, I had included her name on my bank accounts, but have now removed it. Will my finances be affected in any way?

Attorney Answers

3
Susanne Rodriguez ·
If you are the non-filing spouse, your income and joint assets will be counted in the bankruptcy for certain calculations. If you and your husband have any joint debts on things like cars or houses, the lenders will look to you for payment once he has declared bankruptcy. Without more detail, it's difficult to answer your question completely so you should consult an experienced bankruptcy attorney in your area.
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Cody H. KnightChapter 7 Bankruptcy AttorneyKalamazoo, MI ·
You may be required to prove the funds in the account were yours. You should obtain the bank records showing that the funds deposited into the account were your funds. Depending on how much money was involved it may never be an issue.
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Alan Walton ·
You are talking to lawyers here. We parse words for a living. Your question raises lots of issues. First, you say "my child & husband" This would seem to implicate that you are married to your male child. But then you use the plural verb "are", which indicates two people. Then you say you are a "single parent", meaning that you have no husband (or an absent father). And you included "her" name on the accounts, meaning that perhaps your child is female, (who is acting in the role of your husband perhaps?, while not actually married). That being said, if you were 100% in control of the funds and your (male child, husband, absent father, or female child acting in the role of your husband, or any combination thereof), never exerted any control, then you should be in pretty good shape in the event any, or all, of them file bankruptcy.
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