Credit card autopayment pulled after filing Ch 7

[riff]

I called the credit card company to cancel auto payments and deleted onlne the checking account number for auto pay but the payment was still pulled from my checking account the day after I filed. Is there any way to get this money back?

Thanks

[lrprn]

I called the credit card company to cancel auto payments and deleted onlne the checking account number for auto pay but the payment was still pulled from my checking account the day after I filed. Is there any way to get this money back?

Yes, but your lawyer will have to pursue it as a violation of your automatic stay. Depending on your agreement with your lawyer, it may cost you extra to get this done.

If you filed pro se (on your own without a lawyer), then you'll have to file the motions with your local bk court yourself.

[Amy26]

I had an automatic student loan draft come out of my checking account (which actually made me go negative) after I filed. All I had to do was call the student loan company and when I mentioned violation, automatic stay, you're not supposed to take the payment they scrambled to get the money back in my account immediately. All I had to do was get my bank to send them a letter saying that the payment was in good faith and would not be pulled back.

They gave me back the money the very next day.

[shabam]

Depending on the amount, the creditor can be pursued by the trustee as a preferential payment.

[bkmaggster]

I called the credit card company to cancel auto payments and deleted onlne the checking account number for auto pay but the payment was still pulled from my checking account the day after I filed. Is there any way to get this money back?

Thanks

This just happened to us with capital one auto payments. We brought our bankruptcy paperwork into the bank and for a charge of $20 they revoked the charge and gave our money back. Cheaper and easier than going through a lawyer, IMO.