Can Chase take my Spouse's paycheck?

[NC Mom in Indy]

What is the name of your state (only U.S. law)? Indiana

I am filing chapter 7. I am married, but my spouse is not filing. I owe Chase bank around $10,000. That is included in my bankruptcy. My husband and I have a joint checking account at Chase for our mortgage and household bills. His paycheck is deposited EOW. Once my Chapter 7 is filed (in about 3 weeks) can Chase bank take my husband's paycheck from the account when he gets paid, or does the automatic stay and the fact that it is his paycheck, not mine, help protect it?

Edited to ask: Should he open a new checking account at a different bank and have his payroll check deposited there instead?

[bigun]

Unless your husband is a cosigner on debts you are including in your bk and he is defaulting on them, the account should be safe.

HAving said that, I'm of the opinion that it's always wise to open an account with a bank that will not be involved in a bk filing.

Ask your lawyer how best to proceed.

[Wyldrush]

Normal logic and laws would say since your filing Chapter7 your legally discharging the debt which you husband is not on. The bank should not go after the funds. However with banks now pursing off-setting more often and chances are legally they can not take the funds since it is a BK7, they may still and it will take time and money to recover the funds. Also it would take time for them to do an off-set, its like a last chance to recover.

I would recommend opening a bank account with another bank, a small credit union is best these days. Have your check placed in that account.

Best advice, do not keep any money in a bank you owe them money to. With how the economy is going and new laws popping up, its best to keep it all seperate.

[bigun]

I didn't want to scare you but, the issue isn't so much an offset but, they could freeze the account until they receive word from the trustee that the funds in the account are exempt. We've seen a few instances where Wells Fargo has done this on another site.
Get that account away from Chase.
[url=http://www.bkforum.com/showthread.php?t=45525&highlight=wells+fargo]"Pledging Accounts" of Bankruptcy Debtors - Bankruptcy Forum[/url]

[uquillas06]

Have your husband open an account under his name alone...until everything is settled you and your husband should keep funds separate. It doesn't matter that it is his check and not yours as far as the bank is concerned you're both equally owners of the account so it'll be viewed as yours.