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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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I just filed an emergency ch7 bankrutcy. One of my creditors,

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I just filed an emergency ch7 bankrutcy. One of my creditors, a place a have a small loan with, is refusin to accept my case number. My paymebnt is to be deducted from my account in 2 days and the notice from the court will no get there before then, so I called and gave them the case number XXXXX date of filing. The creditor told me they have no notice from the court and so they will be processing a payment as scheduled. Can they do that and how do I stop it? Yes, I listed them on my bk.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Legally they cannot as you have put them on notice that you filed BK and if they do take the money,they are in violation of the automatic stay imposed by the BK filing and would have to return the money anyway. But if they want to play hardball, you need to go to the court and a file stamped copy of the first page of the
BK petition and take this to the creditor as that would suffice. If they refuse, insist of presenting it to their attorney. Note, they do have to return any money they take and they are in contempt. But sometimes, creditors are stupid and take their chances that you will not go through with the BK. Thanks for understanding.
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