How does a bankruptcy file affect a joint account? - Bankruptcy Law Questions and Answers- LawQA.com

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How does a bankruptcy file affect a joint account?

My wife wants to file for a single bankruptcy, but the problem is that we share a bank account. Will this account be frozen when she tries to file for bankruptcy? How will this affect my credit score?

Mercado & Hartung, PLLC
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You're not filing bk, so your credit won't take a hit.

Answer Applies to: Washington
Replied: 8/10/2011

Answer By Tony Mankus
Mankus & Marchan, LTD
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It's possible that 1/2 of the joint bank account may become property of a Chapter 7 bankruptcy estate, unless your wife claims an allowable exemption against it. As a practical matter, you may want to open a separate bank account in your name alone. That would keep it from getting tangled up with your wife's bankruptcy estate. Her separate bankruptcy should have no affect on your credit score.

Answer Applies to: Illinois
Replied: 8/6/2011

Bankruptcy Law office of Bill Rubendall
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If one spouse files for bankruptcy it is possible that a joint bank account will be frozen. The non-filer will not have a negative credit report for the spouse's bankruptcy.

Answer Applies to: California
Replied: 8/5/2011

Ross Smith, Attorney at Law
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Joint accounts are not a good thing in a Chapter 7 Bankruptcy. Not so bad in a Chapter 13. If your name is on a joint account and there is only a nominal amount of money in it, I would close the account to make sure my name is no longer on the account before filing a Chapter 7 bankruptcy. Of course, you must report the closed account in the appropriate place on your petition. If the account has substantial money in it, you will need to consult with an attorney and get specific advice for your situation before filing. This can be a big problem. Do not even think of not reporting the account. That can cost you your discharge and even jail time. Good luck.

Answer Applies to: Ohio
Replied: 8/5/2011

Law Office of Maureen O' Malley
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No. Not unless it's with a credit union and she owes them money. If you have a house, and there are any joint debts at all, the trustee can sell the house. If there are joint debts you'll be solely liable. Once bankruptcy is filed no one can do anything without court permission. Has no effect on your credit score. Check it after her discharge and made sure it's right, though, and if not make them fix it.

Answer Applies to: Virginia
Replied: 8/5/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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The account will only be frozen if it is with Wells Fargo and the total of all Wells Fargo accounts exceed $5,000.00. The freeze is temporary.

Answer Applies to: California
Replied: 8/5/2011

Burnham & Associates
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The account is not frozen. Your wife will have to use an exemption to protect her portion of the account. The Bankruptcy should not affect your credit score unless you are an authorized user on one of the debts that is not being paid or otherwise guarantee the debts.

Answer Applies to: New Hampshire
Replied: 8/5/2011

Answer By Eric Benzer
Eric J. Benzer, Attorney at Law
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Not frozen but affected.you, should seek legal advice.

Answer Applies to: Maryland
Replied: 8/5/2011

Theodore N. Stapleton, PC
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You may need to get a separate account before she files. I am happy to discuss your options with you. Please call to schedule a free consultation.

Answer Applies to: Georgia
Replied: 8/5/2011

Law Office of Lynnmarie A. Johnson
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Whether or not the account would be frozen or the amount would be taken depends on any factors, can she exempt her half, is the account at a credit union, is there joint debt that is collateralized by the account? Your credit score would not be directly impacted, but if you have joint debt and she goes bankrupt on it, it makes it all yours, so it may lower your score because of the higher debt load. Good luck!

Answer Applies to: Michigan
Replied: 8/5/2011

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