Q: GE credit union took my money out my account for a car loan while in ch.7 bankruptcy before I could surrender the car
Can they do that?
A: No. Not if they were on notice of the bankruptcy filing.
Joseph Michael Romano agrees with this answer
A: I agree with Mr. Denison. Just to add one point, it wouldn't really matter whether they knew or not. If they knew, then its a wilful violation of the automatic stay, which sounds like that was his point. If they didn't know, they still have to give the money back, its just not a violation of the automatic stay.
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