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Bank account/creditor problem

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Dana P

Guest
What is the name of your state? OH

HI,
I file Chapter 13 Bankruptcy on 11-17-2003.
On 11-20-2003 I contacted a creditor in writing and told them that I filed Chapter 13 bankruptcy, that the debt was included in the Bankruptcy and that if they had any questions to contact my attorney. I gave them her name, address & phone #.

On 11-24-2003 this creditor, who was previously authorized to automatically withdraw the payments from my checking account, withdrew $360.00 causing 9 checks to bounce.

On 11-25-2003 I received an email from this creditor stating that they had tried to contact my attorney but she was out and she did speak to my attorney's partner and he stated that yes I did file chapter 13 bankruptcy on 11-17-2003 but he said that he wasn't sure if there was a list of creditors yet. The creditor stated that she needed verification that they were listed in order to stop the payment from processing and to please have my attorney contact them to verify this. My attorney contacted them and told them that yes they were listed as a creditor.

Between my attorney and I, we have contacted this company about 10 times they are now saying that have to have something from the court because "how do they know that I didn't have a friend call them and pretend to be a lawyer". They also said that they don't have to refund my money because they're allowed to take it if they want. My attorney wants to wait until we go to court but I can't wait. My checking account is $598.00 overdrawn because of them and the 9 checks were returned , so now I will have to pay these back. I wanted to know if I can file something with the courts asap to try to get my money back or do I have to wait? Also are they in violation of the automatic stay?
Thanks
 


Ladynred

Senior Member
I believe your creditor is handing you a ration of crapola.

Did you give this creditor your BK case number ?? If so, that's ALL they need to verify that you HAVE filed and that they ARE prohibited from ANY collection activity. It doesn't matter whether they're on the creditor list.. the stay applies to ALL creditors.

Give them the case number and the number to the BK court and let them get the info from the horse's mouth !
 

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