Hawley, TX Bankruptcy Law Firms & Lawyers

I'm assuming, although you don't state, that this is a Chapter 7 case.  Your question examplifies a common misunderstanding of the law. In a Chapter 7 case, the Trustee steps into the shoes of the debtor in bankruptcy and, as of the date the case is filed, becomes the owner of any and all assets of the debtor.  If you were on title to a bank account on the date your case was filed, then the Trustee has the sames rights and interest in the money in that account as you do.  Any subsequent transfers of those funds without the Trustee's approval (if it occurred after the bankruptcy case was filed) would be problematic, as you have discovered. Ask yourself this simple question:  Could you have withdrawn money from that joint account legally?  If so, then so can your Trustee. That having been said, your boyfriend had rights in those funds as well, so I don't think it's as cut and dried as the Trustee may think.  Your boyfriend should hire an experienced bankruptcy attorney to represent him at this point. Probably the best thing would have been for your boyfriend to withdraw the money prior to you filing your case and that should have been OK, particularly if he can prove that he is the one who had deposited all the money into the account. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. 

Yes, but such a filing may be subject to challenge. The question is whether you can pay your bills as they come due.  These kind of questions depend a lot on local courts. I'd suggest you visit with a local bankruptcy attorney. They often will even give free consultations. Before you go, scratch our a budget of your bills, income, assets, and debts.  Good luck!