Legal Question in Bankruptcy in Florida

My cousin lives in Thailand and I am on his checking account in case of emergencies. If I file bankruptcy, will his money be affected? The money is all his, none of it mine.


Asked on 1/09/10, 1:12 pm

2 Answers from Attorneys

Robert Wilcox Wilcox Law Firm

Your situation is really not that unusual. It's really just a question of proof as to the source of the funds. We see a similar situation quite often where a parent and child have an account together for estate planning or convenience purposes, and we have not had problems with those. The key is showing that the money is in fact your cousin's, and that is easier to show if all of the money in the account came from him. It sounds like that's the case. Even if some of the money in the account is yours, the portion that you can identify as coming from him will not be considered your property.

Robert Wilcox

(904) 281-0700

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Answered on 1/14/10, 1:32 pm
Leon Ferraez Ferraez, LLC

If you both have title to the account, the money may be available to creditors. A better arrangement might be for you to hold Power of Attorney for you cousin.

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Answered on 1/14/10, 1:35 pm


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