QUESTION

If I filed bankruptcy, did not reaffirm and now need to surrender my car, can the bank take funds out of my accounts?

Asked on Oct 21st, 2016 on Bankruptcy - Oregon
More details to this question:
I was going to try and keep my car but the payments are too high. I got a lease with a much lower payment. Since the loan is with the credit union I bank at, can they seize any of the funds in those accounts?
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4 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You are asking me about a lease with different terms? Did you enter into this lease BEFORE or AFTER you filed bankruptcy. It sort of makes a difference, as in ALL THE DIFFERENCE IN THE WORLD! As to the issue of whether a credit union can reach into your deposit accounts for payment on a debt owed to a credit union, that answer is pretty simple. OF COURSE THEY CAN. That is what credit union membership allows. In your credit union membership application, it states that any debt with the CU is cross collateralize by your deposit account. In short, you pawned your deposit accounts (checking, savings, retirement accounts) as collateral for the vehicle lease.
Answered on Nov 16th, 2016 at 4:39 AM

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Bankruptcy Attorney serving Salem, OR
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Probably not. The exception would be if there was money in the account on the day you filed bankruptcy and it is still in the account, then they can take that money, but they can not take money you deposited after the bankruptcy was filed.
Answered on Nov 16th, 2016 at 4:38 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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No, they can't seize any funds after the initial bankruptcy filing.
Answered on Nov 16th, 2016 at 4:38 AM

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I think they may not try to attach your account(s). Since you did not reaffirm, the underlying debt will have been discharged in the bankruptcy. By surrendering the vehicle, you are also satisfying the secured claim. At the same time, as a strictly pragmatic issue-since some lenders do not always know or follow the law-it might make sense to move your accounts to a different bank or credit union.
Answered on Nov 16th, 2016 at 4:38 AM

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