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Bankruptcy discharged-bank took money anyway

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Junior Member
What is the name of your state? Illinois

My husband and I filed a joint chapter 7 about 3 years ago. One of the debts that was discharged through the courts was an overdrawn account he had with TCF Bank. Now my husband and I are getting divorced and he needs to open his own bank account. TCF is the only bank that will let him have an account due to the bankruptcy (and other credit issues), but when he made his first deposit, they automatically removed the money (approx 230$) that was discharged in the bankruptcy. I thought that once a bankruptcy was discharged, the creditors could not longer recoup their losses from us. Is it legal that they took the money, even after about 3 years? Wouldn't they have already received some kind of tax write off in lieu of the lost funds?


Senior Member
You need to get those bk discharge papers along with the creditors matrix {copies of course} to th banks bk dept. and tell 'em to reimburse the account.


Junior Member

I told my husband to do what you indicated and the bank stated they would have to send the information to their corporate headquarters first, but that he would be reimbursed.
Thanks for your help :)


Senior Member
To answer your question.. it IS illegal for any creditor to attempt to collect on a discharged debt. That includes any negative reporting on his credit reports.

If he has not engaged in any credit repair and rebuilding since the BK, he needs to get cracking at it.

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