QUESTION
What can I do if the bank did not honor my discharge?
Asked on Mar 16th, 2017 on Bankruptcy - Nevada
More details to this question:
My Chapter 7 bankruptcy was discharged in 11/03/2010. I have discovered that my credit card did not honor the discharge and bank has locked my bank account with a notice I owe $10,000. My attorney told me to inform him if I should ever experience issues with the creditors that were listed on my discharge. I am in need of assistance to have my bank account unlocked.
5 ANSWERS
There is not enough information here to properly advise you. Any attorney worth their salt will charge you for one or two hours of their time to guide you.
Answered on Jun 13th, 2017 at 5:53 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Your attorney should contact the bank about their violation of the discharge injunction.
Answered on Jun 13th, 2017 at 5:53 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well, it certainly seems that you should notify your attorney in accordance with his suggestion. The remedy she will likely suggest will be to check the schedules and mailing matrix which our filed years ago to be certain you listed them (or the business from which they bought the account). Once you ascertain that they were listed, your lawyer will probably want to file a motion to have these people held in contempt.
Answered on Jun 10th, 2017 at 5:59 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Unfortunately, it means that you should hire an attorney who really cares and lives up to his word to handle the matter.
Answered on Jun 10th, 2017 at 5:59 AM
Yeah, I am guessing your bank has a provision called cross collateralization or set off that gave them a security interest in your deposit accounts for the credit card debt. So I would say to inform your attorney as he certainly should have informed you of this risk and had you close out this bank account before you filed bankruptcy.
Answered on Jun 08th, 2017 at 5:54 PM