Annapolis, MD asked in Bankruptcy for Maryland

Q: A creditor levied my bank account for a debt that was "charged off" during my bankruptcy years ago. Is this legal?

Related Topics:
3 Lawyer Answers
Andrellos Mitchell
Andrellos Mitchell
Answered
  • Bankruptcy Lawyer
  • Washington, DC

A: Based on what you have written, and as I understand your question.....the short answer is no.

If you are reffering to a Chapter 7 Bankruptcy in which you properly listed a creditor and it received proper notice of your bankruptcy, then the creditor could not collect on a debt that was dischared in bankruptcy.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Itvis not legal unless they have gotten a judgment against you.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: If it was discharged, NO. If it was a Chapter 7 "no Asset" estate bankruptcy (meaning, you did not have any assets valued more than your allowed exemptions, which you turned over to the bankruptcy trustee for distribution to your creditors), then even debts owed to creditors whom you did NOT list in your bankruptcy and who did not even know about your bankruptcy are discharged, including debts reduced to judgment before your bankruptcy (to the extent not secured by other property, like mortgage debt on your house). You need to immediately file a written objection to the garnishment of your bank account, and state that the debt was discharged in bankruptcy, and provide the date of the discharge, the exact name and jurisdiction of the bankruptcy court (e.g., US Bankruptcy Court for the District of Maryland), and the bankruptcy case number. Or, have a lawyer file this and send a letter to the creditor to immediately release the garnishment or return the funds if they were paid out to them already. Serve a copy of everything you file in court on your bank and the creditor.

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.