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Bank closed account and kept the $

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    Bank closed account and kept the $

    I was discharged last month and one of my old creditors kept sending me a statement of a checking account that I had with them. I only had 90 dollars in it, so I sent them a letter telling them to close it. They sent me a paper to sign to close that account and the funds would be sent to me. I got the final statement today and of course they closed the account and applied the funds to the loan that was discharged. My question is (I really don't care about the 90.00) but can they take the funds and apply it to that loan AFTER the loan was discharged?
    "I'm old enough to know better, but too young to care"
    Filed Chapter 7 January 25th 2010
    341 Hearing March 4th 2010
    Discharged May 10th 2010

    #2
    Even more so, if in the future I open a bank account with any of the banks that I had discharged can they take my $ and apply it to an old loan??
    "I'm old enough to know better, but too young to care"
    Filed Chapter 7 January 25th 2010
    341 Hearing March 4th 2010
    Discharged May 10th 2010

    Comment


      #3
      If the funds were in your account as of the filing date: yes. But I don't know the answer, if the balance was $0 on filing date and you deposited $90 after...
      Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
      (In the 'planning' stage, to file ch. 13 if/when we have to.)

      Comment


        #4
        Did you exempt those funds on your petition when you filed?
        If so, then the bank is not entitled to those funds unless you signed something in that form that allowed them to apply the funds voluntarily to the discharged debt after your BK discharge.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          I doubt I exempted that account I didn't even remember I had it. No big deal, my concern is at some point I will get an account somewhere I had done business with and they were discharged. I'm worried that they will take funds from my account.
          "I'm old enough to know better, but too young to care"
          Filed Chapter 7 January 25th 2010
          341 Hearing March 4th 2010
          Discharged May 10th 2010

          Comment


            #6
            No, they cannot take the funds from your account after you were discharged. That is one of the reasons for bankruptcy protection.

            Comment

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