Legal Question in Bankruptcy in California
I had a CC debt from several years ago. They got a judgement against me. I left it alone as the creditors were very rude when I tried to make a payment plan. Today my bank account was completely frozen wiped out. Over 6K. Every cent I have.. These funds were for my house payment, car payments etc. I have not a penny for food or gas to drive home 500 miles. If I file Bankruptcy and an automatic stay can I get the frozen funds back?
2 Answers from Attorneys
Only if they take from you after the filing date. http://www.absolutebankruptcy.org/Chapter_7_Objections.htm
I disagree. You may be able to get it back but that's a very fact intensive issue and you need to file ASAP to even have a chance.
For other attorneys that may be inclined to disagree, it all depends on where the money is because under 522(f) this lien on the bank account can be avoided.