QUESTION
What can I do if I have money schedule to come out of my account Friday and we filed a chapter 7 and we have a case number?
Asked on Apr 24th, 2013 on Bankruptcy - Colorado
More details to this question:
These 2 payday loan places are not listed on the bankruptcy yet should I call them to let them know so money is not debted from my account Friday?
9 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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It's federal law that you list everybody you owe in your chapter 7 filing.
Answered on Apr 26th, 2013 at 12:06 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You do want to stop the payday loan disbursements. Provide the payday loan company the case number with written instructions to stop the taking from the account. Be sure to list the payday loans in the bankruptcy.
Answered on Apr 25th, 2013 at 9:57 PM
I can tell you that you cannot rely on a payday loan company to respect a bankruptcy filing or to stop taking money out of your bank account. Most attorneys will advise you to close the bank account or speak with the bank manager to withdraw the debit authorization.
Answered on Apr 25th, 2013 at 12:55 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You had an obligation to list those creditors in your bankruptcy. As you did not, they have not received notice. You need to send them notice (return receipt requested) and call them. They will most likely deposit the checks and you will have to try to reclaim the funds; however, this may be difficult. You should consult an attorney.
Answered on Apr 25th, 2013 at 12:54 PM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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You can call the 2 payday loan places and give them your bankruptcy number. However, I would have you (or your attorney, if you have one) take one to the stores directly. It should stop the automatic withdrawal. Also, you must include the 2 payday loan places on your bankruptcy schedules. So, amend your schedules.
Answered on Apr 25th, 2013 at 12:53 PM
2 Awards
Yes, and why are they not listed on your bankruptcy yet? You should list all debts on your bankruptcy at the time you file the case.
Answered on Apr 25th, 2013 at 12:52 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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A. They should be in the bk B. Call them and fax them the 341 notice.
Answered on Apr 25th, 2013 at 1:50 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes you need to notify them that you filed. But, good luck in stopping the automatic withdrawal. Talk to your bankruptcy attorney.
Answered on Apr 25th, 2013 at 1:05 AM
Deborah F. Bowinski
When you filed your bankruptcy case you sign under penalty of perjury that you disclosed all debts. If that is not the case then you may have more problems than just the checks going through your account. Call the creditors with your case number, amend your bankruptcy papers to ensure they are complete and accurate, and consider closing the account on which the checks were written and opening a new account that they will not have access to. If you have a lawyer you should contact him immediately.
Answered on Apr 25th, 2013 at 12:57 AM