Legal Question in Bankruptcy in California
Bank account Levy
If you have filed a Chapter 7, and the Bank has hold/Levy on our Savings Account, (Which is only 7 days old)...and you filed & paid for a emegency Chapter 7, you have turned in your top copy to the Marshalls office to stop all proceedings, WHen does the Marshalls offise contact the Bank & How soon? The hold on the account, Is it stoped and you have acces to the monies once the bank is contacted via what ? A visit from the Marshalls office or what ? Is the bank mandated by federal law to release the funds ASAP or what ?
1 Answer from Attorneys
Re: Bank account Levy
Generally, the marshall's office requires an order from the bankruptcy court showing either that the lien was avoided, or for compelling turnover of the assets. The former is generally easier to accomplish, depending on what exemption scheme you used on the bank account asset.
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