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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I filed for bankrupsy in 2011 and received a letter of Discharge

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I filed for bankrupsy in 2011 and received a letter of Discharge of Debtors dated August 19, 2011 and received a Notice of Trusties Report on 12/12/2011. It was Chapter 7 and my home was not involved. I was able to keep my payments up and it was not a part of the bankruptsy. My bank was kind to me lately and I was able to refinance my home at a much lower rate and was able to knock off several years of payments.
At the time of the bankrupsy I had a smoll 401k that I later converted to an IRA with a different bank. I would like to consolidate and be with one bank. The bank that I have my mortgage with was also one of the credit cards that was part of the bankruptsy. If I place a an IRA or cashed it in and put it in a savings account with this bank, will I jeopordize the money. Will they be able seize any portions of my funds.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

Customer:

Good evening Chris

cfortunato :

The bank whose credit card debt was discharged in your Bankruptcy can do nothing to attempt to collect that debt - including taking money from a savings account that belongs to you.

Customer:

Even if that savings account is in that bank.

Customer:

Hello

cfortunato :

Yes - it does not matter where the savings account is, the bank would be in violation of the Bankruptcy Code if they touch your savings account. The fact that the savings account is in the same bank that you owed money to does not give the bank the right to take that money.

Customer:

Thank You.

cfortunato :

You're welcome!

cfortunato :

And please have a pleasant evening!

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