QUESTION

How long will my chapter 14 bankruptcy take?

Asked on Jun 12th, 2011 on Bankruptcy - Georgia
More details to this question:
I received a notice from our county circuit court saying that "an order for default was entered on 05/17/2011 by a judge". This is regarding a judgment Discover Card obtained against us for a debt we owe them. I understand that the creditor can freeze my checking account now. I'm in the process of filing for Chapter 13. But in the meantime, my question is, how long will it take, after filing the Chapter 13, to keep the creditors from freezing my bank account? Thank you.
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9 ANSWERS

Bankruptcy Attorney serving Beverly Hills, CA
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Filing any bankruptcy, including filing a Chapter 13, immediately stays any collection action against you. This includes any action by a creditor to levy on your bank account.
Answered on Jun 17th, 2011 at 11:12 AM

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Bankruptcy Law Attorney serving Campbell, CA at Ellahie Law Firm
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the filing of th Bankruptcy operates as a Stay against all creditors. As of the date you file, creditors are restrained from freezing yuor account. The only exception may be is the Bank where your money is on deposit. If you owe them they can freeze it.
Answered on Jun 15th, 2011 at 7:34 AM

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Litigation Attorney serving Portland, OR at Daniel G. Hoarfrost
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Your creditors will be blocked immediately upon filing.
Answered on Jun 15th, 2011 at 6:55 AM

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When a bankruptcy is filed there is what is called an "automatic stay." This means that creditor action must stop immediately upon filing because there is a restraining order that prevents collection. Creditors will not be allowed to pursue further action unless they receive permission from the bankruptcy judge after a hear for "relief from automatic stay." This occur, for example, if you fall behind on a secured debt such as an automobile.
Answered on Jun 15th, 2011 at 6:45 AM

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Bankruptcy Attorney serving Herndon, VA at Maureen O'Malley
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Any garnishment can be stopped as soon as you file bankruptcy.
Answered on Jun 15th, 2011 at 6:42 AM

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Bankruptcy Attorney serving Atlanta, GA at Saedi Law Group, LLC
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Depending on your state a creditor that has obtained a judgment may freeze your account in a few days depending on how fast they serve your financial institutions. The sooner you can file your Chapter 13 the sooner you can rest assured that your accounts will not be garnished.
Answered on Jun 14th, 2011 at 1:46 PM

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William C. Gosnell
Your chapter 13 takes effect upon filing.
Answered on Jun 14th, 2011 at 10:20 AM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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You obviously meant Chapter 13 since Chapter 14 does not exist. Once you file the creditors can take no action against you or your money or property without bankruptcy court permission. That includes taking money from your account. Wells Fargo has been freezing accounts saying that they are doing to protect the bankruptcy estate and asking for permission from the trustee to unfreeze the funds. Usually the trustee will immediately tell Wells Fargo to release the funds. Wells Fargo will usually do it if the amount is over $5,000. There is a case pending challenging that practice by Wells Fargo. There is something called a "set off" where the bank claims to have a lien on the funds on deposit to pay outstanding debts to the same bank. The safest thing is not to have money in any bank to which you owe money and not to have too much in the bank accounts. You can take the money out but declare it in the petition since you must tell the truth in the bankruptcy case.
Answered on Jun 14th, 2011 at 10:19 AM

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Glen Edward Ashman
First of all there is no such thing as Chapter 14. I gather you meant Chapter 13, which usually is NOT the best way to address credit card debt (Chapter 7 may be better if you qualify). In any event, the fact you are asking this tells me you are about to make the worst mistake of your life and file pro se. Do NOT do that. Almost all pro se Chapter 13s fail and then you will be in a bigger pickle. The filing, if done right, and assuming no recent prior filings, stops collection of the judgment immediately (you need to do more to erase liens). See a lawyer ASAP.
Answered on Jun 14th, 2011 at 10:19 AM

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