I filed chapter 13 bankruptcy in 05 and change it to chapter 7 in 07. One of the things that was in my bankruptcy was a car that I co-sign for.In june 28,2010 they took 3,000 out of my bankaccourt and put a hold on my accourt.I call the bankruptcy lawyer and told him what happen and he said that he will take care of it.I call the lawyer back about two weeks later and said anything still the same. He said call me back if you dont have your money back on thursday and the hold is still on your accourt.I call him back and say anything is still the same. He said that he saw an order for them to take the hold off and give back my money that was july 22.he said give it couple of weeks.Now it is aug 13 still hold on my bankaccourt and did not get my money back.
Who put the hold on your account? If it was the creditor, you may be able to pursue an action for violating the discharge. Next, I agree that you should get a copy of the release from the court and present it to the bank. Sometimes, the courts take a little while to mail out the release. If no release has been signed by the court, then you need to contact an attorney immediately about pursuing an action against the creditor. If the release has been signed, but the bank refuses to release the funds, you may have an action to pursue against the bank.
If your attorney will not pursue this, then consult with another attorney who handles consumer issues. This hold should not happen.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
Get a copy of the order releasing the hold. Then take that down to the bank and show them the order. If they don't release the money, you need to talk to an attorney about seeking sanctions for contempt from the bankruptcy court.
Chapter 7 Bankruptcy Attorney
I agree with Mr Harknessy. But I would suggest that if the bank does not remove hold IMMEDIATELY when you show it the order, you should insist that your attorney pursue substantial money damages from the bank.
The Bankruptcy Court should award an amount of money damages that is calculated to make the bank change its procedures and be more careful to follow court orders in the future. Not only will you get your money back, but you could gain a considerable amount. Push it hard. My initial demand would probably be $9,000.00. I would have the goal of settling this for $3,000.00, in addition to your $3,000.00.
Of course, a lot depends on the previous record of this bank with the court and also your own personal circumstances. Go for it. Good Luck.
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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.