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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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i filed for bankruptcy and my home is being foreclosed. the

Customer Question

i filed for bankruptcy and my home is being foreclosed. the mortgage company is countersuing the bankruptcy filing and froze my account which was a payee account for my son's disability benefits. social security just deposited about 5000 past benefits money in that account. can the bank get my son's money like that?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

The bank has the right of offset against funds held at the bank. That said, the bank appears to be in violation of the automatic stay of the bankruptcy court

The automatic stay of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court. Once a bankruptcy has been filed all collection action must cease.

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.