Mattoon, IL asked in Bankruptcy for Illinois

Q: If I have a pending levy hold on funds on bank account and I filed chapter 7. Do they have to release hold?

Pending levy on my banking account for a amount of money. I filed Chapter 7 and those funds are part of my estate since they are still in my account. How long after I file does the creditor have to release that hold? Will the trustee instruct them to release it? I can exempt most of it but not all of funds.

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1 Lawyer Answer

A: They should release them to the Trustee.

You and the Trustee will have to figure out if any of them are exempt.

It may be they are all exempt and the trustee may authorize the bank to release them to you.

If there are limited non-exempt assets, sometimes the Trustees don't even administer them.

In other words, let it go and close the estate as a no asset estate.

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