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    shelli1's Avatar
    shelli1 Posts: 2, Reputation: 1
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    #1

    Mar 1, 2010, 03:48 PM
    How long do you have to request a court hearing once a levy has been placed on you
    My husband and I recently filed a personal chapter 7 bankruptcy. We are self employeed and recently discovered that a creditor who had filed a law suit against us before our filing, has levied/garnished our company bank account. Our bank told us they have a court order for the levy and they can't do anything for us. Our lawyer recently switched us to a chapter 13 and said they will have to release the levy due to co-debtor protection laws. Is this true?? Our concern at this point is they have had the levy on our account now for 10 days and we want to know if there is a time frame on freezing our assets, before they can just "remove" them all together? Please someone help us understand our rights...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 1, 2010, 05:40 PM

    Has your lawyer sent the bank a copy of the bankruptcy with a request to withdraw the freeze.
    shelli1's Avatar
    shelli1 Posts: 2, Reputation: 1
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    #3

    Mar 3, 2010, 04:03 PM

    Not that I am aware of. I am being told now, that the trustee for the opposing attorney is unaware of any such protection law for chapter 13 and they have no intentions of releasing the funds. We are in Florida, do you have any other suggestions? I found out that we only have 20 days from the date of levy to resolve this or the opposing counsel will be entitled to remove all the funds in our account. What else can we do?
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