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I am considering declaring bankruptcy. If I do, will I still have access to my checking account while filing for bankruptcy?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
The answer is, "it depends." If your bank is not one of your creditors (e.g. you don’t owe money on a bank credit card), then it is unlikely the bank can freeze your account or deny you access—if the bank is not a creditor, the bankruptcy doesn’t really affect it. You should, however, check all the terms and conditions surrounding or about your account, since they could provide for various bank actions in the event of a bankruptcy.
On the other hand, if you owe the bank money (again, such as through a credit card), it is very likely they will freeze or close your account. Note that once you file bankruptcy, they will be “stayed” from collecting from you, so they won’t be able to actually take money from the account—but that will not help you access it.
One thing you can do is transfer cash from a bank with whom you have credit card to one with whom you do not. This will protect your cash and access to it.
If you’re contemplating bankruptcy, you should consult with an experienced bankruptcy attorney. He or she can advise you on not just the filing itself, but also on other actions you should take to preserve assets and your maximum financial flexibility. Good luck.
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