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No, once a bankruptcy is filed an automatic "stay" is in place, and creditors cannot pursue any collection action. Even outside of bankruptcy, a creditor cannot arbitrarily garnish a debtor's bank account. The creditor needs to file and win a lawsuit, be granted a judgment and then enforce the judgment as a bank account garnishment.

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2005-10-02 17:49:21
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Q: If someone files for bankruptcy can the Credit Card company take money out of your checking account to try and retrieve some of the debt after they were informed you were filing bankruptcy?
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Related questions

Can you keep your checking account when you file for bankruptcy?

Can u keep your checking account after filing chapter 13?


Can you use your checking account while in bankruptcy?

I am currently in Chapter 13 and I can use my checking account the same as I did before I filed.Just make sure you don't use your checking account to pay any debts that you didn't list in your bankruptcy.


Can you include your negative checking account balance in bankruptcy?

Yes, you can include your negative checking account balance in a bankruptcy. Be aware that your account will be closed and this will ruin your credit with this bank and potentially other banks.


Can you include a negative checking account on your bankruptcy?

Yes, it is a debt.


Can you open a checking account before bankruptcy?

Sure. And after, too.


Do they close your current bank account when filing for bankruptcy?

No they do not close your Checking or Savings account


Is it better to open a new checking account before or after filing for bankruptcy?

You may find it difficult to open a checking about after filing bankruptcy, so I suggest opening the account before you file.


Can a creditor seize your checking account after you file bankruptcy?

Not without the approval of the court


If you just filed for bankruptcy and are on Chex systems and can not get an account how long do you need to wait before you can open a new checking account?

It will probably be two or three years before you are able to open up a checking account. Bankruptcy severely effects your credit.


Will your current checking and savings account be affected by your filing bankruptcy?

Yes. It has to be turned over to the bankruptcy trustee to be counted as an asset.


Can a bank collect on an old checking account if the customer has filed bankrusptsy?

Was that debt including in bankruptcy.


If your daughter's name is on your checking account and she is filing bankruptcy will your checking account be involved in any way?

It is likely the account will have to be partitioned; meaning the parties will need to show proof to the BK trustee of the amount of funds belonging to each account holder.

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