Pre-filing savings

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David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
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Specialization.
Delmas
Sent: Monday, August 09, 2010 5:04 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Pre-filing savings
I have a husband who wants to file an individual Chap 7. Prior to the
marriage, his then future mother-in-law created a joint account for the wife
(her daughter) and herself with the specific purpose of keeping the money as
part of the wife's separate property. All the money in the account is
deposited by the mother-in-law. The wife only withdraws from the account.
There has been no co-mingling of funds and the husband does not have access
to the account. The wife has not made any deposits into the account.
Is the account being jeopardized by the hubby's filing? Is there something
that needs to be done to "protect" the funds from being accessible to the
trustee?
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David A.
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The Oxford English Dictionary says either commingling or co-mingling
(with the hyphen!), but not comingling.
- John D. Faucher
On 8/9/10 9:18 PM, "Dennis McGoldrick" wrote:
>
>
>
>
>
> separate property is not property of hubby's case. If money comes from
> mother-in-law and there has been no comingling (no hyphen) of the funds, it's
> separate property.
>
> dennis
>
> --- On Mon, 8/9/10, Delmas wrote:
>>
>> Subject: [cdcbaa] Pre-filing savings
>> To: cdcbaa@yahoogroups.com
>> Date: Monday, August 9, 2010, 5:04 PM
>>
>> I have a husband who wants to file an individual Chap 7. Prior to the
>> marriage, his then future mother-in-law created a joint account for the wife
>> (her daughter) and herself with the specific purpose of keeping the money as
>> part of the wife's separate property. All the money in the account is
>> deposited by the mother-in-law. The wife only withdraws from the account.
>> There has been no co-mingling of funds and the husband does not have access
>> to the account. The wife has not made any deposits into the account.
>>
>> Is the account being jeopardized by the hubby's filing? Is there something
>> that needs to be done to "protect" the funds from being accessible to the
>> trustee?
>>
>
>
>
>
>
>
>>> - John D. Faucher
charset="ISO-8859-1"
Re: [cdcbaa] Prefiling savings, Pre-filing (sic) savings
The Oxford English D
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Dennis -
All the online dictionaries I can see tonight say its commingling, not
the office.
- John D. Faucher
On 8/9/10 9:18 PM, "Dennis McGoldrick" wrote:
>
>
>
>
>
> separate property is not property of hubby's case. If money comes from
> mother-in-law and there has been no comingling (no hyphen) of the funds, it's
> separate property.
>
> dennis
>
> --- On Mon, 8/9/10, Delmas wrote:
>>
>> Subject: [cdcbaa] Pre-filing savings
>> To: cdcbaa@yahoogroups.com
>> Date: Monday, August 9, 2010, 5:04 PM
>>
>> I have a husband who wants to file an individual Chap 7. Prior to the
>> marriage, his then future mother-in-law created a joint account for the wife
>> (her daughter) and herself with the specific purpose of keeping the money as
>> part of the wife's separate property. All the money in the account is
>> deposited by the mother-in-law. The wife only withdraws from the account.
>> There has been no co-mingling of funds and the husband does not have access
>> to the account. The wife has not made any deposits into the account.
>>
>> Is the account being jeopardized by the hubby's filing? Is there something
>> that needs to be done to "protect" the funds from being accessible to the
>> trustee?
>>
>
>
>
>
>
>
>>> - John D. Faucher
charset="ISO-8859-1"
Re: [cdcbaa] Prefiling savings, Pre-filing (sic) savings
Dennis -

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I have a husband who wants to file an individual Chap 7. Prior to the marriage, his then future mother-in-law created a joint account for the wife (her daughter) and herself with the specific purpose of keeping the money as part of the wife's separate property. All the money in the account is deposited by the mother-in-law. The wife only withdraws from the account. There has been no co-mingling of funds and the husband does not have access to the account. The wife has not made any deposits into the account.
Is the account being jeopardized by the hubby's filing? Is there something that needs to be done to "protect" the funds from being accessible to the trustee?

The post was migrated from Yahoo.
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