What are the qualifications in filing Chapter 7 bankruptcy?
Asked on Aug 24th, 2012 on Bankruptcy - New Jersey
More details to this question:
My question involves filing for a Chapter 7 bankruptcy case and I know there are certain requirements and income situation. Let me explain in brief detail. I will most likely filing in New York. I am married, and we both have jobs to cover rent and phone bill. We make close to $2,300 a month combined. I have personal debts accumulated before I met her, combined credit card debts, personal loans, and school loans close to $60,000 or so. I have a bank account under my father's name, but I have a bank/ATM card with my name under the account and access to the account, will these funds be taken into consideration for my case? In other words, if I have access to my father's account, will my case be dismissed? Figure this account has around $20,000 in it at the start of the case. The reason why I ask this is that my father may inherit some funds and want to put me under the account as a sub-owner just so I can access funds when needed. I want to make sure my father will be protected as well as myself. I know this is a lot. I just want to know my options. Thank you.
Your questions are way too complicated to be answered in this format. You need to set up a consultation with an attorney to go over all of your issues. If you intend to file in New York, it should be a New York attorney.
You will want to contact an attorney to discuss your questions. There is a good possibility you can achieve a Chapter 7 bankruptcy discharge while still protecting your dad's accounts. An experienced attorney will be able to help you determine your best options.
You should talk to a local NY attorney. If the account is IN YOUR NAME or social then it is accessible in bankruptcy. If you file now, and your name is not on the account then not an issue. He can give you an atm card to the account w/o your name on it. Really want you to go see a bankruptcy attorney.
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