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If you file a chapter 7 or chapter 13 in particular the day it is filed all of your bank accounts and any collections efforts will have to stop on that day.
The automatic stay, will be in affect until the bankruptcy case is dismissed.
If you file a chapter 7 bankruptcy and want it to be dismissed it will take several months, so during this time collection agencies cannot garnish or try to collect on you.
If your bank account is frozen your refund will be taken, so you have to be careful when you file. I would file a chapter 13 not a chapter 7, as a chapter 13 can be easily dismissed.
You do not need an attorney to file an emergency petition, you would just have to pay the Court fees.
yes, that would stop the garnishment.
They can reimburse you but you will need the Trustee to order it, and it will take time. I would file prior to the 2/11.
The Court will allow you to withdraw or dismiss your case, but in a chapter 13 filing it is easier.
A chapter 7, once filed the trustee is involved directly, andin most cases will allow you to withdraw your case, but could make it difficult for you to get your refund back, as your refund would go to your estate, or to him not you.
That is why yuou should file first, and make sure your account is open.
In a chapter 7, tax refunds usually are taken by the trustee.
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Even if you do not qualify for a chapter 13, you should file that anyway as you will be withdrawing it, and not following through.
No, you would have to contact the companies who are depositing checks to stop.
You may have to try to contact the IRS if possible to have them send you a check instead.
No, the bank would take the deposit and the creditor would usually be able to take any deposit.
You could close your bank account now, and then when the check is rejected have them send it to you.
I would still suggest a chapter 13,
Yes, you just need to have the pre filing certificate, and just file the the basic scheduales required.
The pre filing certificate is needed to file a bankruptcy, so if they freeze your account now, you file the bankruptcy and your account would be unfrozen.
If they somehow take your refund, filing a bankruptcy to get your money back is allowed, however the trustee in a chapter 7 may take it.
You need to obtain a pre filing certificate and file an emergency chapter 13 soon.
Then once you get your refund close your account, and do not appear at your 341 hearing and your chapter 13 will be dismissed.
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