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What happens to my bank account during my bankruptcy?

It depends on what type of bankruptcy you file for. If you file for Chapter 7, your assets will likely be liquidated and that may include your bank accounts. If you are filing for Chapter 13, your bank accounts are probably safe as long as you make the required monthly payment to the trustee for the term of your bankruptcy.

According to The Nest, in a Chapter 7 bankruptcy the law does afford you certain exemptions that allow you to protect a small portion of your assets from your creditors. If the total of your assets is larger than what you are allowed to exclude, you will be required to pay the difference. By way of example, having a car is a necessity for many people in Tennessee. If your car is worth $4,000 and you are able to exempt up to $5,000, you would be able to keep your car. However, if your bank account has $6,000 in it and you are able to exempt up to $5,000, you may have to turn over $5,000 of your balance and only keep the difference.

In the event that you are filing for Chpater 7 and have no assets, meaning you have nothing of value that exceeds your exemption amounts, your bank account would not be subject to seizure by the bankruptcy trustee.

It is important to note, however, that creditors have what is known as a right of set-off. This means that they be able to collect money from you directly. If you have a credit card account, a loan or a mortgage from the same bank where you hold your accounts, the bank may seize the money from your accounts to pay off the other debts it holds from you. This is general information on this topic only and should not be construed as legal advice.

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Rothschild & Ausbrooks, PLLC
1222 16th Avenue South, Suite 12
Nashville, TN 37212

Toll Free: 866-656-8909
Phone: 615-866-2265
Fax: 615-242-2003
Nashville Bankruptcy Office