Legal Question in Bankruptcy in Florida

i'm considering filing chapter 7 bankruptcy and have a credit card debt along with an auto loan with a credit union. i want to keep the car loan but the credit union will not allow me to close out my savings and checking a/c with them. I have my auto loan directly debited from my savings biweekly. The credit union will debit my savings a/c to pay the credit card, if i do not make a payment. Question: If the credit uion is notified of my chapter 7 bakruptcy case and that the credit card debt is a part of that suit, do they still have the legal right to access my a/c for the credit card payment?


Asked on 11/04/09, 11:38 am

1 Answer from Attorneys
Steven Meyer CPLS, P.A.

If you file the bankruptcy, you have the option of keeping the car and continuing to pay on it, or relinquishing the car and wiping out the auto loan. If you decide to keep the car, then you would have to continue making monthly payments. If you agreed to have the credit union debit your savings account, then that would probably continue. We handle a lot of bankruptcy cases in Broward County. We offer a free initial consultation, and would be happy to discuss the situation with you.

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Answered on 11/09/09, 12:40 pm


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