Will I be accountable if my wife files for chapter 7 bankruptcy? 9 Answers as of August 01, 2011

I have an account with USAA and my wife is on my account, but when I view all my account details it is just my name and when I view my account info my wife shows up under my family members. Anyways my concern is if my wife files chapter 7 will they freeze my account/our account? She is filing on credit cards only, but one of them happens to be from USAA. The credit cards are in her name only and she has a separate USAA account for that card. My accounts show my stuff and my daughters accounts, but nothing of my wifes account. Should I remove her from my checking and savings or not worry about it? She lost her job and the only money going in the accounts is from my job.

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Heupel Law
Heupel Law | Kevin Heupel
Some banks will freeze your account when a spouse files bankruptcy. If you want absolute certainly that the bank will not freeze your account, then you’ll need to remove her until after she files the bankruptcy.
Answer Applies to: Colorado
Replied: 8/9/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Her accounts will be discharged, it "should" have nothing to do with you. No need to close your accounts. Errors can occur if she is an authorized user of your cards.
Answer Applies to: California
Replied: 8/1/2011
Tucker Legal Clinic
Tucker Legal Clinic | Samuel Tucker
To be on the safe side I would remove her as owner of any account. Usually such accounts cannot be frozen or seized.
Answer Applies to: Mississippi
Replied: 7/28/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Removing her from an account right before filing could get you sued. The answer depends on how the accounts are set up and you need to have a lawyer look over the details.
Answer Applies to: Georgia
Replied: 7/28/2011
Lewis Adams and Associates
Lewis Adams and Associates | Lewis P. Adams
Utah is a common law state, meaning that your assets are yours and hers are hers. Her obligations are hers and do not necessarily become yours. USAA can attach or offset funds in any account to which her name is attached. If she is attached to your account, it may be too late to have her name removed if she has already filed for Chapter 7 relief. If she has not yet filed, I would remove her name from any accounts other than her own.
Answer Applies to: Utah
Replied: 7/28/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you are a co-obligor on your wife's account you must pay it in spite of her chapter 7. You are not liable for accounts only in her name. Her discharged creditors cannot collect against you or your property, such as joint checking accounts.
    Answer Applies to: California
    Replied: 7/28/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If your are referring to a checking or a savings account, after filing bankruptcy the creditor cannot remove money form a checking or a savings account. However, if you are in a community property state, all assets of the marital community are to be listed in the bankruptcy, and if her interest in those community assets cannot be exempted, the Chapter 7 trustee can take those assets.
    Answer Applies to: California
    Replied: 7/27/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    For joint matters.
    Answer Applies to: Maryland
    Replied: 7/27/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Check with USAA to see exactly how the accounts are set up. I'm assuming you're talking about checking accounts. If you're on a joint credit card account, you'll be liable and USAA should not post it on your credit report, but I'd check it anyway.
    Answer Applies to: Virginia
    Replied: 7/28/2011
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