My bank savings and checking accts were frozen from a judgement. I have since filed bankruptcy and my accts were unfrozen and my checking acct money was released but my savings were taken. The judge stated that I could get that back but could not give any legal advice on how to do this. Is this possible? I live in New York City.

George_1950

I believe this is considered a "violation of the automatic stay", and will require a motion to hold the bank in contempt. Do you have a lawyer?

staacks

No. I don't have a lawyer. I did the bankruptcy myself.

George_1950

Call the bank and tell them to send you a check. If this fails, send a certified letter and demand payment.

staacks

I called them and they said they got a order reversal for the checking, but didnt have one for savings and i should contact the collection firm that received this money.

staacks

I contacted the collection agencyand was told that since tihs was a writ execution, my savings was taken and the time limit to have it returned may have run out . Is this correct?

ScottGem

Its certainly possible. Ask them to cite the specific law supporting their claim.

George_1950

What was the date your bankruptcy was filed? What is the date the bank 'froze' your savings accout?

staacks

filed bankruptcy on 2/22/08. bank account was frozen on 12/17/07

George_1950

This may get a little complicated, but here goes: "A trustee or a debtor in possession has "avoiding" powers, which may be used to cancel a transfer of money or property made during a certain period of time prior to the filing of the bankruptcy petition. This "avoidance" of a particular transfer by a trustee, may force the return of the payments or property tranferred, for the benefit of all creditors. As a general rule, the power to avoid transfers is effective against transfers made within 90 days prior to the filing of the bankruptcy petition."
LAWDOG Bankruptcy: Preference & Preferential Transfer
This may be why the judge didn't give any legal advice and expects you to hire a lawyer.