HELP! Bank garnishment

[LadyInTheRed]

What i will do is call on monday the atty and wells fargo. yes the lien was involuntary but i read somewhere that i can request trustee that it be removed.

I don't know the procedure to remove an involuntary lien, but I am 99% sure that it is not the trustee who does it. It sounds like you have a lot of research to do to adequately represent yourself as a pro se debtor.

For questions on topics other than the garnishment, please start a new thread. I will not answer anymore questions in this thread on other topics and ask that other members also stick to the original topic. If this thread strays any further from the original topic, I will close it. I don't want to do that because others may be able to help on that issue. Besides the confusion that multiple topics in one thread can create, more people will see your new questions in a new thread.

[newlife1]

yes, that's true. i am so pressed for time. i really want to read all topics in the forum so i am guided properly. thank u for all your help so far.

[LadyInTheRed]

yes, that's true. i am so pressed for time. i really want to read all topics in the forum so i am guided properly. thank u for all your help so far.

If you haven't already, you may want to purchase a filing guide. Many have recommended the one by Nolo which you can download. http://www.nolo.com/products/how-to-...tcy||sku|hfb19

Also, familiarize yourself with the bankruptcy code. the Federal Rules of Bankruptcy Procedure, and your local court rules which should be available on the court's website. Also, comb the court's website for whatever helpful information it may contain.

Of course, keep asking question here and we will do our best to help or point you to relevant information.

[newlife1]

Hi! I submitted the documents Wednesday including the intention statement. I put I will reaffirm debt because I am leaning towards it although I have doubts because the house has negative equity. I think I am allowed to amend the form if I change my mind or maybe if I don''t sign the affirmation because that's just intent. Am I correct? I have this credit card approved a week before ch7 but up to now i haven't activated it because I dont want to do so and pay annual fee then they will cancel card. There are so many offers in the mail like car loans , secure cards etc so some people are making money selling info on ch7 applicants. In a way, it is good and ch7 is more acceptable to businessmen. Wells Fargo posted back the latest ($600) of what they got from my acct. I still have $3k plus missing. I left voicemail to collector/atty. Wells Fargo said they need fax from the collector so they can reconsider returning the legal debit fees. I will contact them again. My next step is to send the trustee the bank accts etc. then avoid the lien and go after the garnished funds. Will the trustee not order return of funds to me now that my sked C shows I am claiming these moneys as exempt because they are my wages? Happy weekend!

[LadyInTheRed]

I hope you read the thread about why you should not reaffirm your mortgage. It is especially true if you have no equity. Chances are a judge would not approve the reaffirmation anyway.

You do not need to amend your petition to change your intent. Just don't sign a reaffirmation agreement if the creditor sends one. If the trustee asks, just say you changed your mind and will not reaffirm. Do keep in mind that in some states, you could be forced to follow through on your intent or risk a creditor getting relief from stay so they can foreclose. If you are current on your mortgage, that isn't likely to happen anyway. It looks like that may not be an issue in VA according to one post at http://www.avvo.com/legal-answers/ch...an-277903.html

If the funds are exempt, it is not the trustee's job to get them back on your behalf. If Wells Fargo violated the automatic stay and won't return all of the funds, then you have to file a complaint to get the judge to order them to return them. If Wells Fargo says that they are holding the funds on behalf of the bankruptcy estate (which doesn't seem likely since they returned some of the cash to you), then you can ask the trustee to write a letter telling them to release the funds to you.

LOL at ch7 being more acceptable to businessmen. By businessmen, you mean banks. Banks find whatever is profitable as acceptable. They don't like Chap 7 when you discharge their debt. At least one big bank has admitted to Elizabeth Warren when she was hired as a consultant (before she was a senator) that lending to risky borrowers is more profitable than lending to low-risk borrowers. After your discharge, you can't file Chap 7 again for 8 years. So, they know they can lend to you, collect interest and if you default, they will be able to collect without worrying that you are going to file BK soon and discharge the debt.

PLEASE PLEASE PLEASE: post your questions on new topics in new threads. Some people who could have input on new questions may not even open the thread and read your new posts when they see that it is the same thread on a bank garnishment that they already read and can't help with.

[AngelinaCat]

Today is Saturday, March 8, 2016; what is your latest news?

[AngelinaCat]

Boy, this new software stinks!

[newlife1]

Hi! Here's my update. I sent the statement of intent by registered mail to VHDA and creditor who put lien on my house. Mypayment is current but if I don't reaffirm, how do I renegotiate? If I don't reaffirm does it mean it becomes foreclosed or do they call it returned? Why do you think the judge will not approve reaffirmation? Is that good for me? When should I leave the house? Does it mean too that I will not owe VHDA anything even if it has negative equity? or do I pay the balance vs current selling rate? Re: the judgment lien, do I now request trustee through motion to avoid lien so it will be removed or if I am returning the property to VHDA anyway, do I still need to do this? Re: Wells Fargo they returned latest debit fee and garnished funds of $600 but not the ones last January. They said they issued the check payment to the lawyer of the creditor for the January payment, around $3,000, I sent fax to atty of creditor. Wells Fargo wants fax from atty to say garishment last january was an error so they can return debit fees to me. I will follow up with atty tomorrow. From what I know the garnished money last January is covered by the 90 day preference rule (?) and I also put these as exempt and garnished in the schedules I submitted. Because they are exempt, will the trustee not order the atty to return my money or do I have to ask for adversary hearing? The check was given to the atty on feb 24 hearing, 2 days after bankruptcy filing. I faxed info to district court same day but they probably didnt check fax messages. I informed atty staff as well but for some reason somebody still showed up in the hearig. I know now that I should have attended that hearing. Am I correct I can stil recover these funds even if paid thru a check already? WFargo said it has not been encashed yet? Will atty turn it over to trustee as a rule? Thanks!

[LadyInTheRed]

newlife1, as I said before, please put your question about your home and reaffirmation in a separate thread. When you do, be clear whether you are talking about an involuntary judgement lien, a voluntary mortgage lien, or both. Tell us the value of your home and the balance due on all loans related to the liens. Your questions show that there is a lot you don't understand about the process. But, I am not going to answer those question in a thread titled "Bank Garnishment".

Re: Wells Fargo they returned latest debit fee and garnished funds of $600 but not the ones last January. They said they issued the check payment to the lawyer of the creditor for the January payment, around $3,000, I sent fax to atty of creditor. Wells Fargo wants fax from atty to say garishment last january was an error so they can return debit fees to me. I will follow up with atty tomorrow. From what I know the garnished money last January is covered by the 90 day preference rule (?) and I also put these as exempt and garnished in the schedules I submitted. Because they are exempt, will the trustee not order the atty to return my money or do I have to ask for adversary hearing? The check was given to the atty on feb 24 hearing, 2 days after bankruptcy filing. I faxed info to district court same day but they probably didnt check fax messages. I informed atty staff as well but for some reason somebody still showed up in the hearig. I know now that I should have attended that hearing. Am I correct I can stil recover these funds even if paid thru a check already? WFargo said it has not been encashed yet? Will atty turn it over to trustee as a rule? Thanks!

Your reference to a January payment is confusing. Are you saying there were two garnishments, or just the one that took place 2 days after you filed BK? I'm going to assume there was only one that took place 2 days after you filed BK. The trustee is not going to do anything to help you get that money back for you. The 90 day rule has to do with the ability of the trustee to avoid the transfer to the creditor and claim that money for the benefit of the bankruptcy estate to be paid to your creditors. If the garnishment was a violation of the automatic stay, it is up to you to get it back or hire an attorney to get it back for you. Write a letter to the creditor (not Wells Fargo) and tell them that the garnishment was a violation of the automatic stay and that if they don't return it to you by a certain date, you will file an AP against them. If they refuse to return the money to you or at least return the check to Wells Fargo uncashed, then you will have to file an AP against the creditor in the bankruptcy court. Your letter to the creditor and return receipt from the post office can be used as evidence that the creditor's violation is willful so that you can ask the court in your complaint to award statutory damages for the violation in addition to ordering the creditor to return the funds to you.

[newlife1]

What happened was in January Wells Fargo debited funds from my account and a hearing was set for feb 24. i filed for bk on feb 22. i informed creditor's atty and court feb 22, and i didn't attend anymore hearing feb 24 thinking everything ok already only to find out creditor's atty attended hearing and wfargo gaave them a check. wfrgo also debited additional money. i called court and told them i already faxed to them notice of filing. they searched their faxes and true enough i did but they said atty's rep showed up and collected money. i called creditor's atty right away and faxed bk notice of filing. they released me fr garnishment. wfargo returned debit fee for latest debited amt and the debited amt of 600 dollars. they 3k they debited january was turned over to atty in a check but not yet encashed. I am assuming the check was turned over feb 24 even if wells fargo debited it january or froze it. this is 2 days after filing of bk so I believe it is a violation of the automatic stay. i am not sure if atty showed up deliberately in court even if they were informed bk was already filed 2 days before the hearing unless he did not or will pretend he didnt get info. i will call creditors atty tomorrow. what is the possibility they will send check to trustee? i claimed the debited amounts as exempt because they are wages and covered by wildcard exemption.