Wage deduction NOW?? After 341, but before discharge?

[pink_amulet]

This creditor never showed at our 341 either.

[bkfiler]

i didnt qite read the entire post as close as i could have but it all falls down to this...

any action after the date of bk filing with the court can not happen and will be stopped. any monies/property taken after that date will be returned.

this is my understanding. i would be pissed too. but i wouldnt be worried. it will be reveresed. the stay is in effect until your case is over.

[StaciMM]

From personal experience, the creditor/attorney who started the process will need to stop it. Most likely, the HR dept. can't cancel it on their own. That was our situation, at least.

This definitely violates the stay! Most likely, the medical company had assigned it to an attorney before they got word of the BK, and didn't notify the attorney to hold the matter. Get in touch w/ that attorney, fax a copy of the BK notice & probably something showing the creditor was listed, and call back to confirm it was received. Get the name of the person, and their position, that you confirm it with.

[Genenco]

Ok NOW I’m pissed!!!
This is just a pain in the a** this is the same creditor who tried suing us for over $1300, but with their stupidity, they enclosed a printout of our account , and it shows we only owed $309, I called them on that and they said OH sorry we will change it at the court date. So if they would have had their act together in the first place, they probably wouldn’t have gone through the trouble in the first place. NOW this….dumba****
Are we still protected?

Thanks….
Pink_amulet

I believe they are trying "One last Trick" to collect on a dead debt. Relax and let your employer know and have a drink.There's more then enough evidence (On your part) that'll show you're in the right.

Let us know when you come back with your...Ummm...trophies..(If you get what I mean)..

[pink_amulet]

From personal experience, the creditor/attorney who started the process will need to stop it. Most likely, the HR dept. can't cancel it on their own. That was our situation, at least.

This definitely violates the stay! Most likely, the medical company had assigned it to an attorney before they got word of the BK, and didn't notify the attorney to hold the matter. Get in touch w/ that attorney, fax a copy of the BK notice & probably something showing the creditor was listed, and call back to confirm it was received. Get the name of the person, and their position, that you confirm it with.

Does it make a difference that the wage deduction was signed by the court on 9/26/05, yet our BK didn't get filed until 9/29/05??

pink_amulet

[bkfiler]

the deductions have to stop regardless of what happened when i believe. also, i believe they have to refund the money taken after the stay started.

[StaciMM]

BKfiler is right-it doesn't matter. The automatic stay stops everything no matter where in the process it was.

[pink_amulet]

the deductions have to stop regardless of what happened when i believe. also, i believe they have to refund the money taken after the stay started.

oh ok..whew....however we are now screwed . The deductions are already in process for my hubby's paycheck on Thursdays, and his check will be short by $229. Now depending when we get it back....our bills are due like NOW, we are going to run past due .....and get late charges .....ooh I'm so steamed!!

If our lawyer can do anything legally.....I will milk it !!

I don't go quietly!!:

pink_amulet

[sunshine08]

I am assuming (I know that isn't good either) but if the money hasn't gone to the creditor yet, you should be able to get it back ASAP. Call hr at your husband's work and advise them to hold off doing anything until the creditor's attorney can do something. Give them a copy of where the creditor was notified of the bk filing and the statements contained therein. Get on the horn to your attorney ASAP, (but don't count on him to jump on it either) Don't count monies til in hand either. I would tape the conversation with the creditors attorney. Get them to state who they are, their position, when they were retained etc. Also advise them that the original creditor was notified on such and such date. Also advise the attorney (then call & tell the creditor the same thing) that they are in violation of bankruptcy, trying to collect a debt, when the courts ordered them to stop. Also advise them that you are seriously thinking of filing suit against them. Ask them to IMMEDIATELY contact your husband's place of employment and make any and all necessary arrangements not to garnish his wages.
Hope this helps.

[bkfiler]

baesd on the timing of everythign maybe they didnt really have a chance to stop it. doubt you could get compensation for damages. but im sure you will get it all taken care of.

dont worry! everything is going to be alright

[pink_amulet]

Just an update our lawyer fax my hubby's payroll dept, and stopped it before they could process it. whew!!

pink-amulet

[Genenco]

Yay!!!! :d

[sunshine08]

Great!!!!! Somebody needs good luck!!!!!