Brunswick, OH asked in Banking and Bankruptcy for Ohio

Q: Bank took $100 out of my account after I filed Chapter 7.

My wife and I entered Chapter 7 bankruptcy just 5 days ago. 3 days ago my bank removed #100 from my checking account, and when I contacted them, they verified it was them and they took it for "processing" the bankruptcy notice. This account has been positive and current for 15 years, with no risk to them, and they did not call or email to even give notice they were doing this. Is this legal in Ohio? Under bankruptcy protection, even the courts cannot levy our account without notification, right?

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Business Law Lawyer
  • Tallahassee, FL

A: The bank did not "levy" your account. The bank imposed a service charge that they (presumably) informed all their customers would happen if the customer caused the bank significant work processing the notice of bankruptcy papers they received. (BTW: Your bankruptcy lawyer should have told you that the instant you filed the bankruptcy you lost control over all assets--which are now controlled by the bankruptcy trustee. So let the trustee deal with this "problem."

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: This “fee” or set off may very well be a violation of the stay. Consult your attorney and follow his advice.

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