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I have a checking, savings, and credit card with bank. Am filing for BK13, can they take $ from accts. without permission?
Atlanta, GA
Viewed 35 times.
Posted 2 months ago in Bankruptcy / Debt
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My checking, savings, and credit card are all linked online with the same major bank. I am not paying credit card because I am filing for Chapter 13 soon. They have not been notified of my intent. Can they withdraw money from my checking or savings without my specific permission?
Answers (2)
Glen Edward Ashman
This attorney is licensed in Georgia.
Posted 2 months ago.
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This is a question you need to discuss with your Chapter 13 lawyer right away. What they can and cannot do and when is not going to be answerable without detailed financial information we do not have. Whether you should close or move accounts should also be addressed by your lawyer.
Angel Marie Van Wieren
This attorney is licensed in Georgia.
Posted about 1 month ago.
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Legally, when you are delinquent in paying a creditor, they have the right of "set-off." What this means to you is the creditor who manages your checking, saving, and credit card may have recourse against your checking and saving account because you have not timely paid your credit card payment. There are no guarantees in situations like this. You should be cautious knowing what rights the creditor has against your checking and saving account.
Please consult with your attorney for more information. This advice was based on the limited facts posed in your question on www.avvo.com. I hope this information was helpful. Angel M. Van Wieren www.vanwierenlaw.com |
