How to get my money returned from creditor who was notified of of my Chapter 7 filing yet withdrew funds off my debit card anyway?
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How to get my money returned from creditor who was notified of of my Chapter 7 filing yet withdrew funds off my debit card anyway?
I filed Chapter 7, notified creditors, one creditor (who I had set up monthly payments from debit card with months before) electronically transferred and collected money. I then found out my bankruptcy had been dismissed due to not submitting missing papers. So I proved that I had submitted them and bankruptcy was reinstated within 3 days. What can I do? The money taken was all my income for the month (rent, food, taking care of children).
Asked on July 31, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If a creditor improperly withdrew funds out of your debit card account after you filed for chapter 7 bankruptcy protection and served notice of such on the creditor, you need to advise the bankruptcy court and the assigned trustee of the improper transfer of money that you had by this creditor. Such notice needs to be in writing by you to the court and the trustee.
Assuming you have a bankruptcy attorney assisting you, he or she should be doing this notification for you.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If a creditor improperly withdrew funds out of your debit card account after you filed for chapter 7 bankruptcy protection and served notice of such on the creditor, you need to advise the bankruptcy court and the assigned trustee of the improper transfer of money that you had by this creditor. Such notice needs to be in writing by you to the court and the trustee.
Assuming you have a bankruptcy attorney assisting you, he or she should be doing this notification for you.
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