Conroe, TX Bankruptcy Law Firms & Lawyers

Once a creditor obtains a judgment, they can utilize the services of local law enforcement to take money & property from you by wage garnishment, bank account attachment, liening any real estate you own, and taking property not protected under state laws called exemptions. If you can qualify to file bankruptcy, you can eliminate this debt in bankruptcy, but if the creditor has recorded a lien on any of your real estate, a supplemental proceeding will be necessary to remove that lien. As you are finding out, the divorce court can say one thing, but if the person you married is irresponsible, you can be stuck holding the bag. IMHO, anyone thinking about getting married ought to think twice and have an investigator check out the financial background of the intended.

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 Ask yourself this simple question:  Could you have withdrawn money from that joint account legally?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. 

If Energy Future Holdings owes you money for something, then you use the Proof of Claim form to tell the bankruptcy court how much the company owes you. Then someday if there is money left over to pay claims with, you may get a portion of what Energy Future Holdings owes you. If they don't owe you any money at this point, then you are free to ignore the claim form that you received.