Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Question: I file BK last November, and adjudicated BKd in Feb 2011. GMAC Mortgage has continue to take money from my checking to pay the mortgage. They can't do that I never re-affirmed with them. They took $15000+ do far.
Response: If you filed for bankruptcy and listed the mortgage on your bankruptcy petition and you did not reaffirm the mortgage and you obtained a Discharge in your bankruptcy case, your personal liability on the debt was discharged in bankruptcy. You are no longer responsible for the debt. If the lender is now attempting to collect on the debt that was discharged in bankruptcy, the lender is in violation of the Bankruptcy Code's Discharge Injunction. You would need to file a Motion with the Bankruptcy Court to reopen your case in order to file action against the lender for violation of the Bankruptcy Code's Discharge Injunction and for sanctions against the lender including the return of the money illegally taken out of your account. See 11 U.S. C. Section 524. You would reopen your case pursuant to 11 U.S.C. Section 350(b).
In addition, an attempt to collect from you after you have filed for bankruptcy relief is a violation of the automatic stay, which freezes most collection actions pending the disposition of the bankruptcy. You should sanctions for this violation pursuant to 11 U.S.C. Sections 362(a) and 362(k).
Question: They have been doing an ACH debit from my bank, and took abou $15000 + from my checking.
Response: Well, they are in violation of the Discharge Injunction and the Automatic Stay.
It is strongly suggested that you retain the services of a local bankruptcy attorney to file the complaint for you. The sanctions would also include your attorney's fees. You can use the following sites to find local bankruptcy attorneys: