An Attorney Debiting bank account after BK7 filed.

[Charmony]

HELP!!! I checked my bank account (9/10/05) and found that my account was overdrawn 1500 + $. I called the bank and they said that an attorney (representing one of the creditors I included in my BK filed 2 weeks ago) is trying to debit this amount from my account. And of course I just filed so, the money is not there. And my bank has of course charged me all the money that I had in the account, as over draft fees.

Can they do that? If not what can I do?

I have not gotten a chance to talk with my lawyer, but will first thing Monday morning. Any information would be greatly appreciated.

[Genenco]

Well...(Speaking as a average Joe)

Unless he had a garnishment or court order to seize the funds, then he's committing a criminal act....IMHO

[tinroofrusted]

I have never in my life heard of this before, but it sounds as if an illegal act was committed here to me.

Call your lawyer first thing Monday morning and be suer to update us all here!

[StaciMM]

Even if they had a judgement/garnishment order, the BK supercedes that and 2 weeks isn't enough time to request the BK courts permission, have a hearing, etc. Other than speaking w/ your attorney-already suggested-be in your bank tomorrow morning to dispute the transaction and they should reverse it. I don't know if they'll reverse the fees also.

[Charmony]

Thanks for the advice. I will be calling my lawyer first thing tomorrow. I did not authorize this transaction, not even sure how he would have been able to get my account information. This is about 3 years old and I was living in another state.

[butterflyness]

Before i filed ch 7, a creditor tried deducting over 3000 from my bank. Twice. After i told them days before i didnt have it. I even had my band stop the deduction before it even got there, but sumhow it did it anyways. The creditors claim they credited me back my overdraft fees, but ive no idea.

[ducksinarow]

Surely that can't be legal! Hope you get some answers soon!!

[sunshine08]

Boy, I can't imagine how you feel, other than pissed. How did they garnish your account. What state are you in? What bank did you use?(I don't want to bank there)
Before you do anything else, wait until you can discuss any further move with your attorney. Always seems that when you need adice it is after business hours.
Hang in there. Let us know what happens.

[sunshine08]

Did you include this debt in your bankruptcy? If it has been 2 weeks, they should have gotten notice from the courts on your petition.
(just a thought)

[Printer099]

after filing no creditor can attempt to or actually get money from you or they are in violation of the automatic stay and can be sanctioned, plus you should be able to get your money back, assuming you listed them as a debt and they had notice of your bk

[Charmony]

Update

Well I called my lawyer on Monday (He was in court) talked with his paralegal. I told her what happened. She said that she would call the lawyer and find out what was going on.

Tuesday: The paralegal calls me to let me know that the lawyer had not rec. the BK papers that I have filed (9/2/05). She was told by the lawyer that the hold against my account would be lifted. Asked her if he could do that and she said that he had a judgment in PA against me (from creditor listed in BK) and that he probably could. I had asked her if that meant that he could go into my account that I opened and established in MA. She said that he probably could.

Question: Could that be because the bank in MA I opened the account with also has branches in PA?

My Lawyer will be in court all week, so not really sure when I will get a chance to talk with him. So if any one has any information, it is greatly appreciated.