Q: Bankruptcy, Chap.7, discharged +2 yrs ago. Now, big bank took $ from my account to pay for debt so discharged. Action?
What action can be taken against bank? Their action to take the funds caused significant change of plans and prevented me from taking a trip to visit family and purchase a car to replace recent wreck. The bank did replace the $ in about a week.
A: If the bank was taking money in regards to a debt that was identified in your chp 7 bankruptcy and was identified in your chp 7 bankruptcy, than they are in violation of post discharge injunction. Once you receive a discharge and the debt and creditor is identified and the debt itself is dischargeable, than the creditor cannot do anything regarding that debt. With that said, is the amount they have taken out have any relation to "new" debt with that creditor, meaning you incurred new debt after your bankruptcy or is the debt part of a overdrawn penalty or fine? More facts are required. Consult a local bankruptcy attorney (or your prior attorney) or consult a local legal bar association or clinics where great attorneys volunteer there time and service for free or reduced rate.
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