Yes, a joint bank account would be considered property of the estate because you technically own 50% of the money in the account. However, this does not mean that you are automatically losing whatever is in that account. There are specific situations that some or even all of that money may be protected in a bankruptcy (i.e. Social Security Income, Social Security Disability, life insurance proceeds, etc…) Depending on if you decide to file a Chapter 7 or a Chapter 13 will also greatly affect what will happen to that account. In a Chapter 7, the trustee may request that you turn over your interest or your percentage in that account to the Trustee. In a Chapter 13 they would simply ask you to pay back that amount to your unsecured creditors through your bankruptcy plan payment. To discuss your specific situation with a Utah bankruptcy attorney, contact us today for a free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp