This really is a question for the bank itself, not really a bankruptcy question. But certain banks, such as Bank of America, If you owe them money on other accounts, they will take it from any financial source they can get their hands on, that you allow them to. If you have filed a chapter 7 bankruptcy or chapter 13 bankruptcy and the automatic stay is in place, legally the bank could not keep a check. But just to be safe I would cash the check at the bank it was drawn on and not on the bank you owe money to. You could always just open another checking account at a different bank and have the money deposited there also, this would be a safe bet.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Apr 24th, 2012 at 3:23 PM