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    staacks's Avatar
    staacks Posts: 7, Reputation: 1
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    #1

    Mar 20, 2008, 10:11 PM
    Frozen bank acct unfrozen
    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's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Mar 21, 2008, 07:31 AM
    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's Avatar
    staacks Posts: 7, Reputation: 1
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    #3

    Mar 21, 2008, 07:55 AM
    No. I don't have a lawyer. I did the bankruptcy myself.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Mar 21, 2008, 07:58 AM
    Call the bank and tell them to send you a check. If this fails, send a certified letter and demand payment.
    staacks's Avatar
    staacks Posts: 7, Reputation: 1
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    #5

    Mar 21, 2008, 08:58 AM
    I called them and they said they got a order reversal for the checking, but didn't have one for savings and I should contact the collection firm that received this money.
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    staacks Posts: 7, Reputation: 1
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    #6

    Mar 24, 2008, 06:24 AM
    I contacted the collection agencyand was told that since this was a writ execution, my savings was taken and the time limit to have it returned may have run out . Is this correct?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 24, 2008, 06:28 AM
    Its certainly possible. Ask them to cite the specific law supporting their claim.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #8

    Mar 24, 2008, 08:49 AM
    What was the date your bankruptcy was filed? What is the date the bank 'froze' your savings accout?
    staacks's Avatar
    staacks Posts: 7, Reputation: 1
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    #9

    Mar 24, 2008, 10:03 AM
    Filed bankruptcy on 2/22/08. Bank account was frozen on 12/17/07
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #10

    Mar 24, 2008, 08:41 PM
    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.
    hlat's Avatar
    hlat Posts: 13, Reputation: 2
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    #11

    Apr 20, 2008, 12:20 PM
    I am not an attorney, but in my experience, since you are under the jurisdiction of the bankruptcy court, the only recourse available to you is the bankruptcy court. You will need to make your appeal through the bankruptcy court in order for the judge to rule on the savings account. I don't know the format to do that and - yes, there may be a statute of limitations for making your claim. And if the court does not rule prior to closing the bankruptcy, you may need to petition to have it reopend to get a resoltution. A little knowledge is a dangerous thing, too bad you don't have an attorney or retainer. ;)
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