Keeping checking account open in dh name only

[Anonymous]

I have another question in getting prepared for my upcoming filing.

My dh and I have joint checking account at the same bank,.. I (alone) have a credit card through that same bank that will be having to name in my BK. Is it okay idea or a bad idea to just take my name off the joint checking and just leaving him on the account so credit cards companies don't dip  into that account for whatever amount shall be in there at time of filing? 

Or is this a completely bad idea because the credit card companies will have that checking account number on file and try to dip into it after all?

I DON'T have direct withdraw but I do have Direct deposit from my work into it. 

Thanks in advance for all input.

[FireMedic1]

They dont usually touch checking accounts unless its a credit union. They will take what they can. But we do say get a checking account at a bank that isnt tied to a bank your going to burn their CC with. Change Direct deposit. Go from there.

[Anonymous]

Agree with FireMedic1 that you want to get that direct deposit changed. Especially if it's with a financial institution you're burning. Depending upon who it is they could do a set off. As far as any OTHER separate creditors, they can't just against your will take money out of this account or any other account you set up. They would first need a judgement and if you're imminently filing bankruptcy they likely won't be getting a judgment against you.

I don't mean to get off topic here but are you filing on your own and leaving your DH out of it? If so, you may want to get further advice from an attorney about the specifics of what happens to that joint account in bankruptcy. Depending upon the type of bankruptcy filing and even which state you live in can affect if you will be forced by the trustee to hand over some of that money even if some of it's yours and your DH's. Of course there are likely exemptions that could be used. It's just something to think about.

I just filed for Ch7 on Apr 29. While I don't have joint accounts with my significant other she does give me money every month to help pay the bills. My attorney was very specific how he filed things and at my MOC this past Monday the trustee lobbed me one softball question on the matter and then let things go. If you've got money mixed with others in your household though it could get tricky. I'm just trying to say you want to protect yourself and them.

[Anonymous]

@FireMedic1 The bank I have joint account at is a regular bank (Simmons). My DH was thinking just leave him on the account since I have had such a long time business dealing with them.... been with them nearly 20 years and had paid off 3 personal loans with them and also got a credit card through them. So he was hoping to keep that checking open due to longevity. 

[Anonymous]

@Anonymous I will be filing just me on BK 7. And we live in TN. 

[FireMedic1]

In Chapter 7 bankruptcy, the bankruptcy trustee has the authority to seize your nonexempt assets for the benefit of your creditors. If you are filing an individual bankruptcy but have a joint checking account with another person, you must list it in your bankruptcy schedules as an asset even if the money belongs to the other account holder. If the entire account balance is exempt, you don’t have to worry about the trustee going after any of the funds in the account.

However, if you can only exempt a portion of the funds in the account, you will usually need to provide documentation to prove exactly how much of that money belongs to you. If you can prove that the money is not yours, it will not be part of the bankruptcy estate.

https://www.alllaw.com/articles/nolo/bankruptcy/how-joint-checking-accounts-treated.html 

You can get your own account at a local bank until its all done. Then get added again. You came to ask what to do. We responded. Good Luck!