What can I do if my dad took advantage of my accounts and then filed bankruptcy?
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What can I do if my dad took advantage of my accounts and then filed bankruptcy?
My dad recently maxed out a credit card I have for $20K and he took $8000 out of my checking account without asking. He also used the reserve line on my checking account to spend over $2000. Unfortunately we signed these accounts together when I turned 18 in order to get started with credit. I am now 30 and so sick from this I cannot sleep; I cannot even make it to work some days. He admitted to the bankruptcy court he took and spend my money but is there anything I can do to help my situation? I am not paying off the debt because I did not spend it.
Asked on October 25, 2011 under Bankruptcy Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your father essentially defrauded you and the credit card company concerning the $20,000 and the $8,000 that you are writing about, you need to immediately consult with an attorney, preferably a bankruptcy attorney about your situation.
My concern is that if your father has filed for bankruptcy protection and ha been discharged of his debts, you very well could have no recourse against him for what he did with respect to the credit card you are obligated upon. In the bankruptcy realm, a party can file an action known as an "adversary complaint" based upon the intentional torts of a person filing for bankruptcy protection seeking to preclude the discharge of the debt due to wrongful conduct such as fraud.
There are time frames to do this filing in a bankruptcy proceeding and the failure to timely make the filing of such an action could lead to a time bar as to it.
Once again, you need to immediately consult with a bankruptcy attorney about your situation with your father.
Good luck.
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