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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption