Legal Junkies Forums

#1 Community for Legal Questions and Answers

 
Go Back   Legal Junkies Forums > BANKRUPTCY and DEBT COLLECTIONS > Consumer Bankruptcy

Register FAQ Tags Members List Social Groups Search Today's Posts Mark Forums Read Layout

Notices


Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old 07-30-2009, 12:05 PM   #1
deep in dept
Guest
 
Posts: n/a
Default Chapter 13, emergency filing

I got myself in a big financial mess and had a garnishment hold put on the funds I had in my checking account, I hired an attorney, and got the chapter 13 paperwork filed with the court yesterday July 29th.

the Attorney called the people that put the garnishment hold on my checking account, and they told him they were going to release the funds, and he told me I had nothing to worry about.

I checked my account today, and the money has been taken as of yesterday, so I'm now showing a serious negative balance with lots of insufficient funds charges by the bank,

I'm not so worried about the insufficient funds charges, I believe I can get those reversed, provided I can get the funds returned to the account that were taken through the garnishment.

do I have any chance at all of getting that garnishment money back? the people that did the garnishment told my attorney they were going to release the funds back to the bank, but they took the funds instead.
  Reply With Quote


Did you find this post helpful? Yes | No
Old 07-30-2009, 11:14 PM   #2
Unregistered
Guest
 
Posts: n/a
Default Re: Chapter 13, emergency filing

Very sorry to hear about your circumstances. If the garnishment took place prior to the filing for bankruptcy protection (which imposes an immediate and automatic stay), then technically I think it may be too late. However, you have an attorney so I would suggest making him earn his fees. In other words, insist that he aggressively try to get the funds back on your behalf. Beyond that, it will likely take going to the bankruptcy trustee and/or Judge to secure an order commanding the return of the monies. AJJ
  Reply With Quote


Did you find this post helpful? Yes | No
Reply

Bookmarks

Tags
None

This thread has 1 reply and has been viewed 1727 times


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Employer filing Chapter 7 and owes me wages JayW Consumer Bankruptcy 1 10-06-2012 07:22 PM
Cost of a bankruptcy filing (basic Chapter 7) Unregistered Consumer Bankruptcy 3 12-24-2010 05:40 AM
Pre-Filing Requirements For Chapter 13 Bankruptcy Wystan Consumer Bankruptcy 0 08-16-2010 05:30 AM
Filing of Chapter 7 Bankruptcy - Minnesota Unregistered Consumer Bankruptcy 1 11-06-2009 02:34 PM
Filing chapter 13 bankruptcy: How does this work? Unregistered Consumer Bankruptcy 2 06-24-2008 07:32 PM




All times are GMT -4. The time now is 04:04 PM.


Use of the Forums is subject to our Disclaimer. Copyright 2009-2018 by LegalJunkies.com