[Lish77]

My husband is going to be filing for Chapter 7 in a week or so, and up until a month ago, we had a joint checking account. He also had a separate checking account of his own that he used, and he never deposited nor withdrew money from the joint account. Since the joint account has been closed for over a month, and we have our own accounts, can the court come in on my account? Also, I just paid off my vehicle, and I had his name taken off the title. Can the court come in and take away the vehicle from me? He does have his own vehicle.

[walt17]

Those are questions for an attorney. I would suggest that you get competent legal advise before proceeding. If it appears that he tried to hide or dispose of assets before filing bankruptcy, that could potentially lead to criminal charges.

[Lish77]

He is not hiding any income or doing anything illegal. We have always had separate checking accounts, but he added his name to my account a number of years ago to get overdraft protection on my checking account even though he never used the account. We decided over a month ago to have separate checking accounts, and we closed the account that had both of our names on it, and I opened up an account under just my name. He always had a separate checking account with another bank, which he still has open.

[walt17]

It is not only what he did. There is also the issue of what he appeared to do. Appearances can sometimes be just as bad as intentions. Also, you are a married couple and that may be a contributing factor. That is why I suggest competent legal advice.

[Lish77]

He never ever withdrew or deposited money into that account, and the courts can go check it out themselves to see that I was the only one that had activity on that account. Bottom line, he never did anything illegal, and if it comes down to it that the courts have to do their research, then have them go all out. We have already hired a lawyer!

[twinkiedooter]

If you have already hired a bankruptcy attorney you definitely must advise your attorney about the closing of the joint checking account. When you go into the creditor's meeting the assets, debts and bank account information must be correct and current.