Automatic withdrawal from bank where I have credi card

[jimtexas]

Greetings,

My bank was served with my other creditors for my Ch 13. I had $50 automatically taken out monthly that went towards the balance on my card. I had the same amount go into my savings account automatically. I should have, but did not realize for a year that the $50 was still coming out of my account for payment to my credit card with the same bank. My bank was served correctly but never filed anything nor did they take any money out as I read here that they probably could have with the set off clause.

So my question is, what should I do now? My thinking, not being an attorney, is that since my bank did not file paperwork when they should have then the amount on my credit card owed should be discharged or zero'd and the $50 I paid each month should be a positive balance that my bank owes me.

Thanks

[justbroke]

You are correct. Even if they weren't notified, they aren't allowed to have property of the Estate. Hopefully, you used an attorney and your attorney can file a Motion to Compel Turnover. Of course, your attorney will probably charge you for this ($250/hr) and it may just eat up the money that you had paid the creditor. You won't know until you ask the attorney.

When did you file Chapter 13 and when did it discharge (since you eluded that it is discharged)?

[jimtexas]

Thank you for replying. Still in Ch 13 about 14 months now with a five year plan. Based on what I have been reading on this forum I thought I should close my bank account and go to another bank. I thought I would then contact the bank to see if they would willingly return the withdrawals made since I filed Ch 13. The total I owed on this card at the time was $2,000 and I have made $700 in payments since filing Ch 14 ($50 x 14 months).

Thanks