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StarFlower63 · Apr 19, 2007, 11:38 AM

We are in the process of qualifying for a bankruptcy and will be filing in May. However our bank accounts were levied on Friday. What is the procedure in responding back to this levy to hold it up till the bankruptcy is filed. It has been 4 business days (and the weekend) and only 2 banks have sent us Notice of Levy by court writ out of the three levied. Now do we only fill in the bottom of the one page or should we respond with a letter. Who does the response go to? The bank, or the court that made the judgement? We have to respond by Tuesday and I have no idea how to or if there is a form letter to use and what subject matter do I use for the response. Hardship? Are there examples somewhere?

ScottGem · Apr 19, 2007, 11:46 AM

Talk to your bankruptcy attorney. But the time to fight this was when they took you to court to obtain a judgement. You should have asked for a stay then pending bankruptcy.

StarFlower63 · Apr 19, 2007, 04:25 PM

Thanks, Already have several calls in to the attorney, he is in court and available to talk tomorrow. IN the meantime, I wanted to prepare any correspondence in reply to the levies. But don't know where to start. If it should just be a letter, or there is a special form or procedure wanted to begin so it is ready to fax. And even who it is to be faxed to? The bank and/or the issuing agent (is that the court or the collections office)? A bit confusing until I learn more about it... which is what I am attempting to do. So any information on what to do NOW is much appreciated. With the weekend approaching and the deadline on Tuesday, I want to ensure that the appropriate paperwork gets to the appropriate place in time.

ScottGem · Apr 19, 2007, 05:30 PM

I wouldn't do anything until you talk to the attorney.

StarFlower63 · Apr 20, 2007, 12:54 PM

Update: What happens is that the money swept from our accounts is sent to the law offices (collectors). They used a processor here locally to acquire the moneies thus far. Our money is being sent directly to the collectors and usually not until it is received do they send out the Exemption paperwork. We called the processors and they are contacting the collectors to expedite getting the exemption paperwork. This is what is happening so far. And am thinking is the process when a sweep happens, for anyone seeking info on this process. The exemption paperwork after filled out and sent back will take up the time necessary for us to qualify for the bankruptcy... which is only two more weeks.