Pro Se Gurus

[KKAB]

I had a company take some money out of my checking account 4 days after I filed chapter 7. Since I filed pro se I would like to just call them up and request that they put the money back in. Can I please get some opinions from those who have been in this situation? It's been a piece of cake besides this...well, for the most part!

[94mom]

I faxed the folks who were garnishing my wages a copy of the filing. They refunded and stopped the garnishment ASAP!

[lrprn]

I had a company take some money out of my checking account 4 days after I filed chapter 7. Since I filed pro se I would like to just call them up and request that they put the money back in. Can I please get some opinions from those who have been in this situation?

You want to send the company notice in writing sent by registered mail with a return receipt (or as 94mom did, by fax) that they have violated your automatic stay. You need a solid 'paper trail' when dealing with issues like this one.

[FreshLikeADaisy]

Lrprn is right, KKAB. You will want to do this *entirely* in writing.

Your letter should include the following:

• Your bk case # and what state & district you filed in
  
• The date you filed
  
• The date they took the cash
  
• A statement to the effect that their garnishment action postdated your Ch7 filing and is thus a violation of the automatic stay
  
• A strongly worded demand that they return the money immediately, and in what form (you want a check? direct deposit? etc.)
  
• If they don't return it in a timely manner, you will pursue any legal remedy available to you under civil & bk law

This letter alone should quickly get you the results you want, but like Lrprn said, send it certified, return receipt requested. Call to make sure you have a good address to send it to; they should be able to tell you where they want to receive correspondence regarding legal actions. Good luck!!!

[KKAB]

Checking account Included in bk

Okay, so I called the bank that took a payment out of my checking account after I'd filed. They said they would put the money back into my account, but that the account would be included in bankruptcy because it was negative at the time of filing. After the money they put back in is credited to my account can I still withdraw it if it's included in my bk? Also, the account was $-109 and they used my automatic deposit to pay those fees as well. Shouldn't that be refunded (or am I asking for too much now?)?

[lrprn]

(KKAB, I merged your new thread with this one you posted a few days ago with all the underlying information about your problem in it. It makes responding a lot easier when everything is in the same place. -lrprn)

Okay, so I called the bank that took a payment out of my checking account after I'd filed.

So you called instead of writing....ok....

They said they would put the money back into my account, but that the account would be included in bankruptcy because it was negative at the time of filing.

Unless you have this promise in writing, it means nothing. Verbal agreements have little if any legal standing. It's just your word against whoever you talked to. That's why we recommended you make contact in writing.

After the money they put back in is credited to my account can I still withdraw it if it's included in my bk?

Accepting that there's no guarantee at this point that the money will be returned, if it is returned then it's your money to do whatever you would have done with it if it hadn't been taken.

Also, the account was $-109 and they used my automatic deposit to pay those fees as well. Shouldn't that be refunded (or am I for too much now?)?

Asking never hurts - just be prepared they are probably going to say "no way, Jose".

[KKAB]

I am starting way too many threads on checking account advances.....one more question though....would they be listed on the Statement of Financial Affairs part 13 titled setoffs? I am confused about that and can't seem to find any additional info!

Also, the money that was debited after I filed was credited last night...they made quick work of that!!

[6ftladycop]

I may be reading this wrong, but you said you filed chapter 7 bankruptcy and 4 days later someone took money out of your account. I could be wrong, but an automatic stay the fourth day after you filed....if you or your lawyer had not made contact with the creditors, how would they know you filed bankruptcy? 4 days does not seem long enough for them to have received the Automatic Stay. I checked Pacer after I filed and monitored the people who received the automatic stay and what date and time and I,m pretty sure it took longer than 4 days.

[deafbroke]

The court usually files the bankruptcy the same day. Creditors have to go by the date if filing I believe. I called creditors the sane day I filed and gave them the case number over the phone. They verify it on their computers.


DB

[FreshLikeADaisy]

6ftladycop, true enough if they're getting a paper notice, but so many creditors are electing to be notified electronically anymore that it's not out of the question they got "same day notice".

But even if they didn't have a chance to receive notice, the stay was in effect as of the day of filing whether they knew about the filing or not, so refunding was really this creditor's only (legitimate! ) choice in the end.

[CindyLou]

the should refund the fees if the money was taken out after you file.