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?

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3 Lawyer Answers

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

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

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.

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