My bankruptcy was either filed Wednesday afternoon or Thursday morning by my lawyer's office... that was at the point in time when my one credit-card company has an automatic check thing sent to my credit union for payment.... I withdrew most of my money this past week to make sure that payment failed... but I got Direct deposited this morning with my pay, and their little check hit at the same time and it was successful.... I even told one of the bill collectors the other day that I was bankrupt (they haven't called since).... is it now a violation of the automatic stay (and I could sue them), or is it because the payment thing was already on its way to my credit union, that it's unfortunate, but they'll just have to refund it?
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It usually takes one billing cycle to get an automatic draw or deposit stopped, or started. If the amount in question is small, I wouldn't worry about it. Ask your attorney though."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed." -
We kept paying our credit union cc to try and keep it open and stay in good standing with our credit union. After the third payment they returned the money and "charged off " the account. If one slipped through there probably isn't much you can do. However, you are protected now against any further action in part of any creditor listed in your filing.Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!!
Woo-hoo!Comment
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That payment puts it over the $600 aggregate.... I told the paralegal.Comment
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They may reverse the payment once they receive notice of your BK filing. Smart move letting your attorney's office know, though.~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~Not an attorney - just an opinionated woman.Comment
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The paralegal told me to not contact them, but should I anyway to make sure I get the money back? Or should I most definitely listen to the paralegal... I really could use that money...Comment
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What does your atty say? The paralegal isn't permitted to give legal advice.Don
Filed Pro Se on 8/4/11 (No Asset, Chapter 7)
Redeemed Automobile ProSe (722 Redemption),Discharged on 11/3/11Comment
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NO don't contact them, you paid for a lawyer for a reason.Originally posted by aaengel View Post
I understand you filed under emergency - fear of a lawsuit but your story here doesn't match. A scheduled 600 dollar payment is NOT small and is NOT something you would just forget - all payments for unsecured debt should have ended 90 days prior to filling - so what really happen here?Filed Pro Se: 11.12.2010 ~ 341: 1.12.2011 ~ Discharged: 3.9.2011 ~ Officially an Asset Case: 3.30.2011 ~ Last Day to File Asset Claim: 6.28.2011 ~ Trustee Final Report: 8.1.2011 ~ Asset Distribution: 8.31.2011 ~ Case Close: 11.15.2011Comment
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No... the aggregate is over $600 with this payment... the payment was for $235.01. It was taken from me on December 1, then early January, it was missed in early Feb, then they got it today.... I didn't stop making all of my payments before I filed.... I even paid Chase $400 three days before I filed (but it was under the aggregate). Not everybody stops and waits 90 days...Comment
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Why would you do that? It doesn't make any sense. If you were filing a chapter 13 and paying 100% back it might make sense in that instance so you have less to pay back but if you are not it pretty much was a waste of your money, especially since you now say you could use the money.Originally posted by aaengel View PostFiled 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15 
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The first financial bank had an automatic payment... as for Chase, it was for sake of conscience.Originally posted by mountanddo View PostComment
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I have to agree with DesdemonaB here. Most people facing a lawsuit and filing bankrupcy would stop making payments at least 90 days befoe filing and at the minimum make sure their auto payments were cancelled. Not sure what your conscience has to do with making an unneccesary payment to Chase. Surely you met with this attorney before you retained him and before you made that payment to Chase. Did they not advise you to stop making payments?Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15 Comment
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He told me to stop using the Chase card... but I made the payment because the Lord was convicting me about it (I'm a born again Christian) - the reason why I made the payment was I bought some school related supplies on that card recently, including a tablet computer, thus as the Lord was convicting me about it, it surely was fair enough to pay them back for some of their money. And Yes, I did meet with him before I filed, and yes my filing the bankruptcy this quickly is in response to my credit union's lawsuit against me.Originally posted by mountanddo View Post
There is nothing secretive going on. There are no problems with making payments right until the bankruptcy... there have been others that have done that as well.
I should also restate.... my filing the bankruptcy was right at the end of February, when I knew the payment would have been triggered. Thus the reason why I withdrew most of my money from my checking account this past week (Around $1250) to make 1FBUSA's payment fail... but my little paycheck got into the account and bumped it like $1.72 above the amount for the payment to 1FBUSA, thus they got the money.Comment
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Wouldn't that be considered a preferencial payment? Paying one creditor and not others? They still could ask for the computer back though they probably won't.Originally posted by aaengel View PostFiled 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15 Comment
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None of the payments were over the $600 aggregate until 1FBUSA slipped their payment yesterday....Originally posted by mountanddo View Post
The tablet was bought used on eBay.Comment
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