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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.