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Is this a violation of automatic stay

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    Is this a violation of automatic stay

    So our Bank,5/3, calls today and says we are overdraft on our checking account. Apparently they decided to take our HELOC payment out yesterday. We already paid it at the branch.
    When we filed, April 5th, our lawyer said all auto payments stop. We called the 5/3 bankruptcy dept. on the 20th to find out how to make the payment, they told us we had to make the payment either by mail or at any branch, so we did. I know they are aware we filed there is an advice block on our account. I really don't need this crap right now. They were kind of giving the wife the run around today,at least at the branch level. She is going to call their BK dept. tomorrow AM. Hopefully that gets a better response. Thanks for any insight.
    Filed 4-5-09 CH.7
    341- 5-28-09 continued TT had no case paperwork??????
    341 meeting 6-18-09, Went Swell, 3 minutes
    Discharged 7-29-09

    #2
    I am not sure how a BK would stop automatic payments you have set in place.
    You may have got bad advice.

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      #3
      You have to stop the auto payments.

      Call your attorney to see if he can file a motion to get the funds back anyway.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        Wife did stop any future automatic payments today. Bank called their payment service to see about getting the amount credited back. I guess it will take a couple days. But still got hammered with NSF fees and daily overage fees. I really did not need this right now. I guess we assumed, the autopay was terminated, after them telling us we had to make the payments ourselves. Well I guess the saying is true "Assumption is the mother of all F*** ups" live and learn. Hopefully she can get some of the fees erased.
        Filed 4-5-09 CH.7
        341- 5-28-09 continued TT had no case paperwork??????
        341 meeting 6-18-09, Went Swell, 3 minutes
        Discharged 7-29-09

        Comment

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