Originally Posted by
SnowmanKiller
Assuming you are an average worker, that legal maximum they could claw back from you is 90 days of pay. While Spirit is unlikely to be that substantially in arrears when it is shut down you should be prepared for that much exposure.
The first thing they will do is attempt a clawback like you normally would - take money out of the checking account in question.
When that doesn't worm because you keep your money outside of the account, it becomes much harder for them to get to your money.
They have to demonstrate to the court that money in another account is truly money meant for the bankrupt estate and then get court approval to seize your money.
That of course takes time and money, and often isn't worth pursuing for most creditors.
Another defense is to spend that money on a legitimate transaction. so if you see an attempt to clawback the money from your empty checking account, you need to find some way to spend the money in question.
Eventually after the creditors identify where the money went and get approval to take it, you can say too bad I spent my money on landscaping I've been planning for months.
This is exactly why setting up a trust for your assets and money is a great idea. Low cost and high reward to find an attorney to structure and set it up how you would like for the long term.