I need an answer asap if anyone knows???

[ythompson]

Hello, I am wondering what to ask what if any damages can be done in a case like this. My chapter 7 bankruptcy in the state of California that has been discharged. I have some deposit accounts at a bank that I included in the Bankruptcy that the bank has refused to close unless I pay the balances in full despite being provided with proper notice...

I have a lawsuit going to force the bank to close the accounts and open new ones as my other creditors have done...The banks attorney filed a motion to dismiss my case. In repsonse to that, it am requesting the court order the defendant to obey the order already given rather than to let the attorney dictate the case...

What I want to know is can I ask for any financial retribution???If so how much. I have heard that you can sue for up to $15,000 in a bankruptcy related proceeding, what I don't know is if this is true, and if it is true, upon what circumstances???

[newstart]

I am sorry that I don't know the answer to that but I do have a question. I understand the motion to close the accounts because you filed them in you bk but I don't understand the motion to have them open new accounts. It seems to me if they choose not to do business with you because of them being included in your bk that they are not required to. Just a thought.

[ODDBALL]

Why would they open another account for you??? They are not required to do so. If they choose to not do business with you, that it totally legal. If you have just filed BK, it will be somewhat difficult to reopen accounts especially if they were included in your BK. Most people are told that if they plan on including the bank they use in the BK, that it is best to open an account somewhere else. As far as you having an actual case, I don't think so!!! This is just my 0.02!!!!!

[SinkingFast]

Did you have a CC or loan with the Bank?? Is that why you included the Bank in your BK??

If so, and you have other accounts with that Bank, there may have been a statement in the fine print that you missed when you signed either depository agreements or loan agreements.

Banks can, and will, protect themselves against BK filers with a statement in the fine print. Maybe, when you opened your accounts or you took the loan or CC, you signed paperwork that allowed the Bank to cover the debt with monies from your other accounts on deposit.

[Minnymouth]

The banks DO NOT have to open new accounts for you....

But I do believe under law they have to close the account at your request (but not during bankrutpcy proceedings). If you owe an outstanding balance to the bank - such as overdrawn debit card or check protection - they have the right to deduct this from your present balance.
If you owed an outstanding balance say (-$400.00) and you included it in your bankruptcy as a creditor (their credit/debit card) then its discharged in your bankruptcy. But you cannot close the account as it no longer belongs to you.
Now if your checking account is in good standing say (+500.00) and you have used your account all along, there is NO REASON they can hold your funds, even to collect on a credit card that you might have thru their bank. The reason being this credit card balance was discharged thru the bankruptcy.
Most banks will "lock" you account as a bad debt charged off in bankruptcy. The account is never closed as far as the bank is concerned.

Same principal with a credit card..... the account is discharged thru bankruptcy, but just because you still have the card does not mean you can use it.

Hope I haven't confused you??

As long as you have no outstanding checks, then there no reason why your funds cannot be withdrawn.

Are they holding them??? If so, what is their reason??

[fellowpoorman]

As an example: ( Don't know if this is your situation or not). You file bankruptcy CH7, You have an account with say BOA, have a checking acct, savings also, and a credit card, after filing , you continue to make deposits into checking, and savings yet do not pay the CC, and list the CC on your petition for dismissal, will they make a coonection?