Legal Question in Bankruptcy in California

checking account and ATM with credit card bank

I have about $30,000 debt from credit cards and medical expenses do to an accident that occurred 12-31-2001. I never received a settlement and because of the injuries I sustained I was forced into taking a lower paying job. I have now lost that job and am looking at filing bankruptcy.

Within the last year, I opened a new checking account with a bank that previously issued 2 credit cards to me. My question is more of a practical nature. If I list these 2 cards for the debt to be discharged, how will that affect my checking account with debit card?


Asked on 3/02/05, 6:35 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: checking account and ATM with credit card bank

It should not affect your checking account at all.

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Answered on 3/02/05, 6:45 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: checking account and ATM with credit card bank

It's possible that the bank may not want your account anymore, but that's more likely with a credit union than a bank. The funds in the account should be protected unless they're higher than the allowed exemption amount. Also, settlement proceeds, if any, from your accident can be protected under exemptions as well.

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Answered on 3/02/05, 10:06 pm


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