Legal Question in Bankruptcy in Illinois

joint signer on fathers savings and checking

I am a joint signer on my elderly fathers checking and savings account (his money only), although the tax info (ss#) is under his name, if I file bankruptcy (either chap 11 or 7) will any creditors be able to touch his accounts. He would like to close the account and take me off and reopen another in just his name, it would make him feel more comfortable - would this be okay?


Asked on 9/10/02, 4:20 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: joint signer on fathers savings and checking

Your question is too complex to be answered electronically. You should consult with an experienced bankruptcy attorney who will be handling your case. In this circumstance, you cannot affird to hire a bankruptcy "mill" that handles a large volume of cases with little attention. If the money is not yours, your creditors cannot get it even if you file bankruptcy. The problem is proving the money is not yours. It is not enough just to say so. Nor is taking your name off the account a completely effective solution, as if you take your name off the account and then file bankruptcy one year or less later, you will have to disclose that your name was on the account, and the trustee may seek to get the money from your father for your creditors. Call me if you want further information. Larry Stein (630) 221-1755.

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Answered on 9/10/02, 4:24 pm


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