1st garnish my bank account, then i fill for bankruptcy

[scottsnewlight]

Well what got my bankruptcy ball rolling was back in Novenber 07 a garnish was put on my bank account and then i realised that i could no longer hide from the bill collectors or court orders, so the past and my money handling caught up to me, so to me bankruptcy was my option to go with,

So the other day got bank statement in mail 90 % of money still in there, bank say's Bill collector & courts put garnish and hold on it, (until 2050) they have not taken the money, bank said they wont until they get 100 % of the money, well my attorney said since i filled it under bankruptcy:

" Once you receive the discharge, you can give a copy to the bank to show that the debt to WAP was discharged. They actually should remove the hold now since collection activity must stop during the pendency of the case as well. "

so i email her back and said what is my next step, what should i tell the bank, i really don'nt think they will just take my word for it, i guess i need paper work to show them, and does that mean they should remove the hold the money goes where to them, or it mine again,

I'm waiting back to her from her, just thought i put it out on here, ,, Talk to me,,,

[FreshLikeADaisy]

Scott, I guess I'm not clear when you filed your bk and when the garnishment was placed on your acct. As soon as you filed, you could have given the creditor and the bank your case # and district, made sure you included them in your matrix so they got the mailing as well, and that should have been that, no waiting for a discharge. You were actually protected from granishment and levy by the automatic stay from the day you filed bk! I may be missing something here, though, or maybe your atty never explained this very well. The creditor who obtained the judgement and garnishment should have been listed as a creditor in your filing and received notification from the court, at which point his garnishment efforts legally should have come to a full stop.

But there is no "form" as such to show them; if just giving them the case # won't do, then take a photocopy of the first page of your voluntary petition with your case # written on it, and that's all they need to know you are in Chapter 7. The rest they can look up with the court. Good luck!!!

[scottsnewlight]

OK, filled for Bankrubtcy on 01-02 or it was 01-03, and the garnish was place November 2007, and that creditor was on my list when i filled, didn't notified the bank at all, didn't even to think about them, as of 02-04-08 money still in my back account so i guess the stay took place and that why they have'nt took the money out ? not sure, tha bank knew nothing of anything, they just said once the full amount of the money is in there then they will take it out, but in the morning i'll go to the back with the paper work and show them and go from there, would like the money but even if they get what's in there i just want to close my account,

Thanks

[Minnymouth]

Since you are still in the process of bankruptcy, the Trustee controls all of your accounts.... including the bank.

You can notify and send a copy of cover of petition to the bank to show them your in bankruptcy and all garnishments MUST STOP, but also, your in a position where you cannot close the bank account until after your discharged, the Trustee controls it right now....

Keep us posted....

[scottsnewlight]

Alright, i understand what your saying

Went through my paper work and there is a letter from the District Court of Maryland on this matter saying:

A motion REQ FOR JUDG/GARN was filled by the
ATTORNEY FOR PLAINTIFF on December 31, 2007.

ON January 15, 2008 the District Court of Maryland
signed the motion, but took no action. The motion is moot.

" motion is moot " ? ? ? i'm not 100 % what that means.

Anybody,,,,,,,,,,,,,

[FreshLikeADaisy]

It's moot (irrelevant) because you filed bk... any judgement won by the plaintiff is unenforceable because of the automatic stay. The court signed the motion because it found in the plaintiff's favor -- this is a proceeding entirely separate from your bk and so they had to decide one way or the other just because of that -- but the court is also noting that the motion itself is now irrelevant and of no effect.

[scottsnewlight]

OK, so FLADaisy the last part of your post:

" but the court is also noting that the motion itself is now irrelevant and of no effect "

so does that mean the garnish is no more, i can have my bank account back ? and the last letter i got from the court is dated two weeks after i filled for bankrubtcy and at that time my attorney also filled paper work in the court that the garnish was heard in, the bank is Bank of America, and the local branch is like they don't know anything or what to do, os i'm going down to one of the main office / branch in Baltimore in the morning, and of cource my attorney has not gotten back to me on this,,,

[FreshLikeADaisy]

Go on down to the bank in the morning, just as you say, take a photocopy of your petition with your case # on it, and maybe that letter you quoted above (or just your bk case # if that's all you have) and hear it from them. The automatic stay of the bk DOES make the garnishment null and void (unenforceable) but exactly how they will handle it and what their procedure is I don't know, so I can't say. Sorry I can't be of more help, but you're on the right track...

[scottsnewlight]

Well the lady at the bank this morning said yes and she understood what i was talking about, real nice to me and all, she just said she need paper work from my attorney so they can give it to bank of americas legal department, all that might take about 2 - 3 weeks, n'p there ,,,,