Legal Question in Bankruptcy in California

Creditor remove monies after served with ''auto. stay'' ....

hello,i filed for chapt.7 and had my 341 meeting and now just waiting for discharge i have 2 questions 1- one of the creditors i listed ( pay day loan ) about 3 weeks ago went in to my account and withdrew $ 300 which made my account overdrawn and made me late on my morgage! my attorney wrote/call them and they state that they never received a ''stay '' letter and as of today i never heard from my busy attorney! can i do something myself? 2- what are the chances that a listed creditor(He didnt show up at the meeting and the creditor was a personal debt i.e. cell phone issue the creditor claims that it was fraud! had the phone in his name allowed my to use it and i did make payments on time but it got out of controll by me the my ex which is her cousin, and he did get a judgment default,i never went to the court on this ,) filing a claim and having the trustee accept that claim. thanks


Asked on 3/21/04, 11:35 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Creditor remove monies after served with ''auto. stay'' ....

One cannot speculate as to whether a creditor will yell "fraud". Time will tell, I suppose. If he were to do so, I would think he'd want to show up to cause you problems at the 341a meeting.

As for the payday loan place, your attorney should bring the matter to the trustee's attention and file a motion so that you can get the money back. It doesn't matter whether they got notice. As long as they were listed, they're not permitted to engage in collection activity during the bankruptcy. Good luck to you.

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Answered on 3/21/04, 1:47 pm


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