Parkville, MD asked in Banking and Bankruptcy for Maryland

Q: My dad is filing for bankruptcy and has his name on my bank account. What does this mean for the money that is mine?

The account was opened for me when I got my first job at fourteen and he never took his name off of the account. All of the money in there is mine but he says his lawyer told him it would look like he is hiding assets if I take the money out.

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1 Lawyer Answer
David Gormley
David Gormley
  • Bankruptcy Lawyer
  • Waldorf, MD
  • Licensed in Maryland

A: Your father will have to list this account as an asset in his case. The question is how can he protect this asset with exemptions he has to protect assets. If he is filing a Chapter 7 bankruptcy the Trustee can take the nonexempt assets to distribute among the creditors. If he transfers an the account to you before filing he has to report this transfer and he losses his ability to use his exemptions to protect at least some of the account.

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