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Old 07-30-2009, 11:05 AM   #1
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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.
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Old 07-30-2009, 10:14 PM   #2
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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
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