Legal Question in Bankruptcy in California

ch 7 BK

filed a ch 7,we notified a creditor that automatically withdraws a payment not to take the money and asked the bank to block the collection. 2 days later..the money WAS taken out..did they break the law??


Asked on 6/11/08, 11:01 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: ch 7 BK

Have your lawyer send the creditor and bank a letter demanding return of the money.

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Answered on 6/11/08, 12:02 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: ch 7 BK

Mr. Cohen is correct. If they don't return the money after you send a demand letter, then your attorney can file a motion for sanctions. The creditor violated the automatic stay by taking the money from your account.

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Answered on 6/11/08, 1:43 pm


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