Enforcement against illegal collections?

[BigFerb]

I'm in Ch. 13 bankruptcy and my bank (Chase) has been taking payments for my small business line of credit from my business checking for over a year -- approaching 2.

I'll cut the story short by saying that I've given up trying to reach anyone there. I reach people and they explain everything politely until they realize their collections are illegal. Then I can't reach them anymore. Yet, the illegal payments continue to be taken (I've finally just let the balance go negative and I'm leaving it there).

Being in BK, I'm not doing so well financially, so I hope to do as much pro se as I can. I'm an attorney (far from litigation or bankruptcy), so I think I can do a lot of the work. With good forms, I could probably file and litigate myself, maybe.

I can't even get to step 1. Do I file in bankruptcy court? Federal district court? Is there a place where I can get forms and/or templates for all the papers I'll need?

Many thanks for any help....

[forgotten]

I'm in Ch. 13 bankruptcy and my bank (Chase) has been taking payments for my small business line of credit from my business checking for over a year -- approaching 2.

If its a business line of credit and they are offsetting from your business account, nothing sounds illegal about it to me.

If it was an exisiting line of credit when you filed your Chapter 13 the automatic stay only affects your personal obligation to pay. It does not affect the companies obligation to pay. I am assuming it is a Chase checking account? If you check the terms and conditions of the loan you probably agreed to allow them to offset deposit accounts to pay the line of credit.

[drowning123]

Big, this link might be helpful for forms.

http://filing-bankruptcy-form.com/bankruptcy-forms.html#freeforms

[BigFerb]

Thanks...

First, the business is a sole proprietorship. So, the business is me.

Second, the business line of credit was an unsecured, nonpriority claim listed on my Schedule F.

Am I mistaken in believing they must take payment, if any, from the trustee from my plan payments? Since it's listed on my Schedule F and was approved, it seems that taking full payment out of my business checking account and still getting some payment (if the trustee so chooses) is double-dipping.

However, the bottom line is that I want to enforce the bankruptcy. Is that filed in Bankruptcy Court or in a District Court?

Many thanks.