My wife and I are in Illinois and are getting ready to file chapter 13, I'd ask my lawyer on Monday but it's 5:30 on Friday and this is going to drive me nuts.

My wife has a joint checking account with her mother which my wife does not contribute to, she's on the account just in case something were to happen to her mother, helps her pay her bills, do her shopping for her etc.

Can the chapter 13 my wife and I are filing affect this account? My initial thought was to have my wife remove herself from the account and have her mother transfer the funds in the account to a new account just in her mothers name.

If anyone knows anything about this, help would be appreciated. :confused:

Of course it will effec it if both of you are filing chapter l3 and your wife's name is on it.

Just get something done about it right away if you still can so as not to involve your step mothers well being. Get a separate account right away in her name only, but it should be done before any court date so not to imply colusion or fraud.

As I mentioned, this was my first thought when it was brought to my attention. As far as legal action to this point there has been none save me being served by chase (filed in chases offices county) which I responded to in the appropriate time asking them to file in my county, and we've interviewed a lawyer to help with the filing process - we have not filed as of yet. The collusion/fraud charge is what I'm trying to avoid, I was just curious if they would have any standing against the account as my wife is not a contributor. If she can open another account and transfer the funds to it, and this will not be a detriment to her or us legally, of course that will be our first course of action.