PDA

View Full Version : Joint bank accounts on bankruptcy


Indocan
01-03-2004, 06:44 PM
My spouse and I have been having joint bank accounts since 1999. We also had
two properties in our joint names. In Nov 2003 we decided to separate the
bank accounts and deal with the properties.



(a) The bank account was split 50% each

(b) One property was sold and the proceeds shared 50% each

(c) The second property was refinanced and the proceeds shared 50% each. Now
there is almost no equity left in this property. Though this property is
still in joint names.



The balance in the bank account and purchase price of the properties was
contributed 75% by me and 25% by my wife but we still distributed everything
50% each. If need be we can prove this contribution percentage of very
easily.



My spouse invested all her money in a business that is making huge cash
losses. (cheated by vendor) She could probably end up filing for bankruptcy
in March 2004.



I understand that the trustee may still hold the property in our joint names
and realize 50% of whatever little equity is available.



My concern is when my spouse file for bankruptcy could the trustee can get a
hold of the money in my bank account that I had received on division of our
joint accounts in Nov 2003. Can this division be treated as a fraudulent
transfer and thus set aside.



Thanks in advance for your help / guidance.



MA

* Find more information on Business Bankruptcy Laws.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements