Legal Question in Bankruptcy in New York

Frozen Bank Accounts

I am in the process of filing bankrupcy. All my creditors are aware of this. I had the lawyer for one creditor freeze my joint bank account. My check goes in direct deposit and I'm trying to stop this because I will not be able to pay my mortgage and they will start foreclosure. What can I do?? Can I stop the forzen bak account or not?


Asked on 7/28/08, 7:11 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Frozen Bank Accounts

HIRE A LAWYER to get your bankruptcy petition filed pronto. Borrow the money to pay the lawyer from relatives, friends, colleagues, whomever; most lawyers won't file a bankruptcy petition without being paid first.

Getting the petition filed should put an end to the frozen bank account. If it does not, TELL YOUR LAWYER.

Bankruptcy is no longer an easy proceeding; the Bankruptcy Abuse Prevention Act of 2005 has made it a quagmire, ready to entrap the unwary.

If you cannot afford an attorney, and your income is low enough to fall within their guidelines, Legal Aid provides excellent, free/low-cost legal services. There's a Legal Aid office in every county in NY; you can find them in the Yellow Pages. They are NOT charity; the lawyers are paid and the funding does not come through private donations or through taxes.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/28/08, 8:15 pm


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