Kyle, TX Bankruptcy Law Firms & Lawyers

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 Ask yourself this simple question:  Could you have withdrawn money from that joint account legally?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 your bankruptcy case was dismissed it means that you no longer have the protection of the automatic stay. You have the option to re-file and you should speak with an attorney about the possibility of refilling the case. A subsequent case will have a limited automatic stay and you will need to file a motion to extend the stay in your case. At the hearing you will need to demonstrate that the new filing was done in good faith and that you are able to fund the plan.

It should not affect him unless you attempt to get loans together. Then the lenders will look at both spouses income and credit score. The futher you get from the filing or completion of your plan the better you will be and the better your credit score will become.