Your sibling who is filing bankruptcy will have to disclose their ownership interest in the accounts. Their share of the accounts would be considered an asset of their bankruptcy estate. Assets of a debtor are subject to a potential liquidation by a Chapter 7 Trustee. Liquidation typically does not take place unless there is unexempt equity. Generally, a Trustee would look at this situation and see 1/3 of each account as an asset of the bankruptcy estate. The other 2/3 of each account would belong to the non-filing siblings. This analysis could change depending on facts such as when the funds were deposited and where the funds came from. If you are concerned, you should talk to your sibling and see if their attorney will explain to what extent the accounts will be part of the bankruptcy estate. If there is a significant amount of money at stake, you may also what to consult with another attorney for possible representation.
Answered on Mar 30th, 2015 at 1:01 PM