Chase transferred overdrawn balance from checking to savings account on April 5, 2010 and I filed for Chapter 7 on April 13, 2010. I had included the overdrawn checking account in the bankruptcy. Now Chase is calling and sending letters to to collect on the overdrawn savings account. Can Chase do that?
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If they were given notice that you filed bankruptcy because you listed the checking account balance, then they have actual knowledge that you've filed BK and that any collection attempts on pre-petition debt is stayed by the 11 USC 362 BK stay, so No they can't contact you just because you didn't list the savings account.
To properly address this - file an amended Schedule F to list the Savings account, an amended Summary of Schedules, an amended Declaration of Schedules, and an amended Statement of Financial Affairs to add the closed checking account to the list of 'closed financial accounts'. You've already listed Chase as a creditor so you're not adding a new creditor that requires the $26 'adding a creditor' amendment fee.
--WilliamI am an attorney, but I am just not your attorney.
As such, any statement is not intended to create an attorney/client relationship. -
Thank you William, great answer, to the point.Comment
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