Bank Levy

[BK777]

Hi, I’m dealing with a bank levy in a chapter 13 and the creditor has not lifted the bank levy or released the funds in the acct .

One of the acct levy is on my son’s college acct and his money not mine.

What are my options ?

My attorney has not been helpful with getting a resolution.

I guess my question is this legal that Creditor can levy a college account because I’m a signer, but it’s not my money, and we have proof of my son‘s paychecks to show where the money came from and his college account and we presented proof to the creditor.

Thank you,
BK777

[justbroke]

Is this for a pre-petition debt? If it is for a pre-petition debt then this is a violation of the automatic stay and your attorney should seek the court's power to stop this and punish the creditor.

If this is for a post-petition debt... it's a little more complex.

I don't know specifically what to do, but if your taxpayer ID is on an account then it may be seen as fair territory for a levy. The Texas court that holds the judgment may have a form that allows you to exclude that account. There may also be form to file with the specific bank where the funds are located. Usually the funds are levied and separated from the account but the money is not sent to the judgment creditor for some time.

Bottom line, you may need to pay your bankruptcy attorney to check with the civil claim court to deal with the levy action.

[despritfreya]

There is way too little information here.

In addition to JB's comments:

1. Saying it is your son's account and/or his money does not make it so. How is the acct titled? What was the source of the money sitting in the acct?

2. Saying the acct was levied is not not enough. Who did the levy? When was the levy executed? When did you file bk?

There are other questions but the above is a start.

The devil is in the details.

Des.

[BK777]

Yes my son‘s account is a college account which is underneath my primary account at Chase Bank. We’ve already proven to the attorney and the creditor with proof of his paychecks and his own account with his own account number, and we still have no answers to why levy has not lifted
we filed the chapter 13 after the bank levy