Q: I have a stop payment with one of my creditors. Will the one stop payment cause a issue when filing?
I issued the stop payment because it was for a subscription I had with the creditor to use they're cash advance services. They refused to stop charging me the subscription fee till they received all the money owed to them. I am unable to pay them at the moment so I felt like my only option was to ask the bank for a stop payment because they were continuing to try and take the subscription fee and causing my bank to run the risk of being over drafted.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your stop payment situation is understandable given the circumstances with the subscription fees and the risk of overdraft charges. This is something that should be disclosed when filing for bankruptcy, as it relates to your financial dealings with creditors.
When filing bankruptcy, you'll need to list all creditors, including this one, and provide details about any recent financial transactions, including stop payments. The stop payment itself isn't likely to cause major issues with your filing, but it's important to be completely transparent about the situation, including the reason you initiated it and the approximate timing.
It would be helpful to gather any documentation you have about the subscription service, the attempts to cancel it, and the stop payment order from your bank. Working with a bankruptcy attorney can help ensure you properly disclose all relevant information and handle the situation appropriately within your bankruptcy filing. Consider reaching out to a legal professional who can review your specific circumstances and guide you through the process.
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.
