Bank Account frozen

[promc98]

We filed bankruptcy in March and have not had our meeting with the creditors yet. We meet with them May 6th, but here is the problem. We had some money sitting in our checking account because we were court ordered to pay back medical and child support on a kid my husband never knew existed. We have our case number from this but the paperwork has not completely gone through yet and when my husband paid the child support center with his payments, they returned our check saying they did not have any case number and did not know what to do with the payment. So, our lawyer said just wait until SRS completes the paperwork, then send the check again.

My husband also has his check direct deposited into his account and was told by his employer that he had no choice but to be paid this way. The bank we use is where he has his truck loan through and payment is made with automatic withdrawal. Well, he went to check and make sure that the truck payment went through and found out from the bank that his account has been frozen, and he cannot access his account. He told them that part of that money in the account is for the court ordered child support, back medical, and reimbursement to the state for genetic testing. They told him that he no longer has any money and that his account is closed. We still owe on the truck and put on our bk paperwork that we intended to reaffirm this debt.

My question is this, since we filed pro se, can we type up a reaffirmation letter, have it notarized, and give it to them to reaffirm our debt and have our account released? We are current on our payments, so that is not the problem. Did the bank freeze this account or did the court and will we be able to pay the court ordered money to the child support center or are we going to be screwed all over again?

Any help would be greatly appreciated.

Pam

 

[nailtech]

our lawyer told my husband to stop any and all direct deposits from his credit union since we filed against them.. cause they could and would seize them for payment...I think you can probably kiss that money goodbye... sorry... find yourself another bank to put your money in for the child support and or direct deposits thats not affilitated with any debts you owe... our reaffirmation agreements came from the institutions we owed secured property to... I would get another bank until its all over with, cause next time your husband direct deposits his paycheck its also gone... not a lawyer, just what we were told... hope it helps...

 

[dorenephilpot]

If the money was seized from your accounts AFTER you filed, then you should be able to get it back because all creditors are on automatic stay w/collections proceedings once the filing is done.

If the money was seized before the filing, you're probably out of luck.

And usually the creditor writes up the reaffirmation agreement and gives it to you, after you request it.

Hope this information helps.

 

[promc98]

new post

The account was froze after we filed. I have made several calls and found out the banks lawyers put a freeze on it. We have our truck payment with that bank and they gave my husband reaffirmation papers to sign, which we had intended on signing anyway. However, when I called the bank to explain that they money in that account is court ordered money for Back child support and medical owed to the state, they said that their lawyer would have to be the one to release the freeze and that they normally don't release an account until after the bankruptcy.

I called their lawyer and they were gone and was told to call back monday. I also told my husband to open another account somewhere else to have his check direct deposited. However, we had some friends tell us that any creditor can find out if we have another account and can take that money. Is this true? What do we do about it, because Cessna told my husband that they do not give out paychecks that they are to be direct deposited or he doesn't get one. Now what do we do?

How can they take all your money from an account not knowing if that money is to pay your food, rent etc.? Please advise.

Thanks,

Pam

 

[bigun]

If you'v filed for bk, an automatic stay is in affect. You can open an account at another bank and no one can touch the money while the bk is being sorted out.


You asked a question in another thread about creditors continuing to call. Get your filing number from your lawyer and give that to the collectors when they call along with your lawyers phone number. Tell them if they call again, you'll ask your lawyer to report their conduct to the bk trustee.

 

[promc98]

Another Question

Is there any law or statue that prohibits collectors from freezing bank accounts before the 341 meeting? We will open another account, but since the money in our account was frozen after we filed, what can we do to have them release them.

We do not have a lawyer, we had to file pro se due to no funds. Soo.. if worse comes to worse, we will have to see about getting one. We were hoping to avoid it if at all possible. Almost all our money is going to back medical and court ordered child support and paternity testing, lawyer fees etc.

Please help if you can.

Thanks,

Pam

 

[nailtech]

Money on deposit vulnerable


TITLE 11 - BANKRUPTCY

 

[promc98]

another snag

I tried to talk to the lawyers representing Boeing Credit Union and they told me they have every right to take the money in our bank account even though we had planned on reaffirming our car loan with Boeing.

dorenephilpot, do they have a legal right to do this, because I told them that my understanding was that they couldn't do anything until the 341 meeting and he told me that I was wrong and that they have every right to keep the money even if we reaffirm. I tried to contact our lawyer that handled our paternity case and have him call this other lawyers office and explain to them that the money in the account is for back medical and child support. The money had not been paid since the state sent our paperwork to the wrong place and the kansas payment center returned our check and said that they couldn't do anything until they received paperwork from the courts.

So is there anything else we can do, I want to get this settled so we don't owe more interest being accumulated on the back medical and back support.

Thanks,

Pam