Asked in Banking and Bankruptcy for California

Q: Hello, I am receiving unemployment insurance in my checking account after the 341 meeting of creditors chapter 7 in Ca

No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!

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4 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: So long as you listed all of your creditors, they are controlled by your bankruptcy and the automatic stay that stops them from trying to collect from you or take money from your checking account. Be sure that if a creditor had a judgment against you, which would have allowed them to levy your bank account, that you properly included the attorney representing the creditor as well as the original creditor on the bankruptcy schedules you filed with the court. I suggest you talk with your attorney that represented you in your case about this. Or, if you have no attorney, you may want to seek a consult from an experienced banrkutpcy attorney to further advise you.

David S. Greenberg
David S. Greenberg
PREMIUM
Answered
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licensed in California

A: On the date that the bankruptcy petition was filed, there came into existence an automatic stay order which precludes any creditor from undertaking collection activity. The conclusion of the 341 meeting does not serve to change in any way that automatic stay order.

When the discharge issues, the stay on collection becomes permanent as to dischargeable debts.

1 user found this answer helpful

Ronald Holland
Ronald Holland
Answered
  • Bankruptcy Lawyer
  • Roseville, CA
  • Licensed in California

A: This is advice that may be specific to the creditor you have. Child support? Yes. Others? Probably not.

I hope you are represented by an experienced bankruptcy attorney in your case. Your attorney can give you specific advice based on the facts of your case. Bankruptcy is not as simple as it seems. If you don't do thinks perfectly, there is a lot that can go wrong.

Aaron Michael Lloyd
Aaron Michael Lloyd
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Redlands, CA

A: If you listed your creditors on your bankruptcy papers and they received notice of your bankruptcy, then they are prohibited from attaching a levy to your bank account to collect on a debt you had prior to the filing of bankruptcy.

The bankruptcy automatic stay is terminated upon your case closing. So, as long as you finish your case with a discharge order and your creditors were notified and listed on your bankruptcy papers and they were pre-petition debts then your checking should be protected from a creditor's bank levy.

I hope this was helpful.

1 user found this answer helpful

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