Legal Question in Bankruptcy in New York

Bank account lien

Can a creditor (credit card) put a lien or freeze my bank account when this debt was included in my bankruptcy and had been discharged and do i have any recourse


Asked on 1/01/02, 11:35 pm

1 Answer from Attorneys

Bunji Fromartz Fromartz Law Offices

Re: Bank account lien

In general if the full amount was included in Bankruptcy there is no right to lien your account.

There are, however, some provisos and provisions in the law that does not allow full discharge of credit card debt (thank you Clinton) in most cases and if you do not pay a court case can be brought against you and a lien entered.

If your bank account is in the same bank as the creditcard company (like a citbank card and a citibank account) it may be possible that the lien is allowed.

If none of the above is true, you can bring an action in bankruptcy court against the credit card company and ask for triple damages.

Happy New Year

Good Luck

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Answered on 1/03/02, 3:51 pm


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