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?
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."
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.