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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Credit Union related question in Michigan, please pass this

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Credit Union related question in Michigan, please pass this on if you don't know, as my bankruptcy attorney still cannot answer: I filed for Chapter 7 in Michigan and was released in 05 or 06/2009. This was a standard Chapter 7 w/o payback.
My Credit Union will not close the accounts unless I will pay back the "Signature Account" for $12,000 with a balance of $1,200 remaining and the nearly $500 due from the overdraft account. I have not paid anything since the deposit with the attorney for the initial bankrupcy on these accounts. Two questons... 1). I would like to close these CU accounts but the CSR from the CU tells me that the accounts may remain open well past the time that bankruptcy reporting time (7+ years) ends. I still receive monthly statements with a balance due every month. 2). I recently have moved. The CU sent me a letter stating that I have 90 days to change my address or pay $5.00. Just seems like they want me to admit to the debit. Any help would be appr.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 4 years ago.

Two questons... 1). I would like to close these CU accounts but the CSR from the CU tells me that the accounts may remain open well past the time that bankruptcy reporting time (7+ years) ends. I still receive monthly statements with a balance due every month.

 

A: Assuming that these debts were discharged in bankruptcy, then the CU is prohibited from taking any action to attempt to collect on the discharged debts. By sending you a statement showing that you owe something from a time prior to the bankruptcy filing, that arguably is an attempt to collect on the discharged obligation, and would entitle you to sue for contempt of the discharge injunction order.

 

2). I recently have moved. CU sent me a letter stating that I have 90 days to change my address or pay $5.00. Just seems like they want me to admit to the debit.

 

A: You could send a letter stating that you have repeatedly requested that the account be closed, and that if the CU continues to contact you concerning this matter, that you will have no alternative other than to ask the bankruptcy court to find them in contempt of the discharge order.

 

Hope this helps.

 

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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33383
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Socrateaser-

I wish to provide my most sincere apology. Unfortunately, until tonight, it appears that you were denied compensation for services rendered due to my lack of diligence and general understanding of the website. You have provided a quality and sound perspective.

My lack of understanding (various emails) never suggested that you had not been compensated. For "those" like me, please, please develop a straightforth method of payment continuation; "If I have answered your questions and concerns, please choose to ACCEPT my answer". My understanding of emails sent by you was to gather new or additional business, rather than to collect revenues that you were due (rightfully so) and scheduled to receive at justanswer. Your response solidified my standpoint and I appreciate your help.

I feel terrible about the time lapse, money just sitting in the justanswer account for about one year. I appreciate your assistance.

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Expert:  socrateaser replied 3 years ago.
No worries. Glad I could help.

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