Legal Question in Bankruptcy in California

I had a CC debt from several years ago. They got a judgement against me. I left it alone as the creditors were very rude when I tried to make a payment plan. Today my bank account was completely frozen wiped out. Over 6K. Every cent I have.. These funds were for my house payment, car payments etc. I have not a penny for food or gas to drive home 500 miles. If I file Bankruptcy and an automatic stay can I get the frozen funds back?

Asked on 8/07/13, 10:28 pm

2 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

Only if they take from you after the filing date.

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Answered on 8/07/13, 10:46 pm

Michael Avanesian Avanesian Law Firm

I disagree. You may be able to get it back but that's a very fact intensive issue and you need to file ASAP to even have a chance.

For other attorneys that may be inclined to disagree, it all depends on where the money is because under 522(f) this lien on the bank account can be avoided.

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Answered on 8/08/13, 2:44 pm

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