I was discharged last month and one of my old creditors kept sending me a statement of a checking account that I had with them. I only had 90 dollars in it, so I sent them a letter telling them to close it. They sent me a paper to sign to close that account and the funds would be sent to me. I got the final statement today and of course they closed the account and applied the funds to the loan that was discharged. My question is (I really don't care about the 90.00) but can they take the funds and apply it to that loan AFTER the loan was discharged?
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Bank closed account and kept the $
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If the funds were in your account as of the filing date: yes. But I don't know the answer, if the balance was $0 on filing date and you deposited $90 after...Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)
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Did you exempt those funds on your petition when you filed?
If so, then the bank is not entitled to those funds unless you signed something in that form that allowed them to apply the funds voluntarily to the discharged debt after your BK discharge.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..
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I doubt I exempted that account I didn't even remember I had it. No big deal, my concern is at some point I will get an account somewhere I had done business with and they were discharged. I'm worried that they will take funds from my account."I'm old enough to know better, but too young to care"
Filed Chapter 7 January 25th 2010
341 Hearing March 4th 2010
Discharged May 10th 2010
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