Is it safe

[DivorceRuinedMe]

I've filed for C7. I want to know if it's safe now to start to leave money in my bank account again? I'm not talking large amounts, just like to have my paycheck deposited again? I like to use my debit card for things and not carry cash so I'm wondering when it will be safe again for me to do this? Should I still be worried about garnishments and/or trustee looking at my accounts in detail? (I've been very careful for the past few months of what comes into and goes out of this account)

[magyar123]

How long ago did you file? 7 or 13? Did you already have your 341 hearing?. You will not have to worry about creditor inflicted theft/garnishments - the 60 day stay prohibits such practices.
Trustees/their goon squad investigators snooping into your banking information is a crap shoot, some do, some don't.

[lrprn]

I've filed for C7. I want to know if it's safe now to start to leave money in my bank account again? I'm not talking large amounts, just like to have my paycheck deposited again? I like to use my debit card for things and not carry cash so I'm wondering when it will be safe again for me to do this? Should I still be worried about garnishments and/or trustee looking at my accounts in detail? (I've been very careful for the past few months of what comes into and goes out of this account)

Since your bankruptcy estate is set on the day you filed Ch 7, you should be fine to start putting money back into your account and using it for everyday living expenses.

If your trustee looks (very doubtful after the 341 unless you have an asset case), then he/she will only see regular living expenses and bills.
If it's been more than a month since you filed, your creditors have all been notified you filed and therefore are prevented by the stay from taking money from the account. The only exception is if you have cross-collateralized car loans, credit cards, or overdraft accounts in the same bank or credit union that holds your checking account - you don't, do you?

[DivorceRuinedMe]

Nope, no cross-collateralization thank goodness. No one has garnished anything YET and I just wanted to make sure to keep it that way. I haven't had my 341 yet either. Do you think I should wait until my 341 before I start really "using" the account again?

[jp2861]

I don't plan on going back to direct deposit until 2 months after discharge. There's just too many horror stories of CA's pulling their little tricks. Even though you filed, I wouldn't put it past one of these dirtbags to pull the old "We didn't know" act and go ahead and try to get at your money. Plenty of stories of these clowns getting into folks accounts without them knowing. I may be just a little overcautious. You may be safe from a BK standpoint but I'm not so sure from collections standpoint.

[lrprn]

I haven't had my 341 yet either. Do you think I should wait until my 341 before I start really "using" the account again?

Since your account was set on the day you filed, it shouldn't matter.

One reason to wait for a bit longer to use the account is if you currently have creditor judgments that have already been granted against you by the court. Waiting to give your creditors sufficient time to get their notices that you filed through their various financial systems reduces the chance of any raids on the account due to an existing judgment. If you have no judgments and no cross-collateralizations, then you should be good to go.