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Law Tutor, Esq.
Law Tutor, Esq., Attorney
Category: Bankruptcy Law
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Experience:  N/A
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A creditor obtained a lien and seized my sister's bank

Customer Question

A creditor obtained a lien and seized my sister's bank account. She does not have any assets as she was laid off and was evicted from her last place of residence. I urged her to immediately filed with the eastern District of VA bankruptcy court. She did and the bankruptcy court granted her the fee waiver so she did not have to pay the filing fee. My question is does it take a lawyer to file a motion for lien avoidance so they do not continue to seize her bank accounts? The judgment lien was from an old apartment from an eviction detainer from 2011.
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Law Tutor, Esq. replied 10 months ago.

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Expert:  Law Tutor, Esq. replied 10 months ago.

You have indicated that your sister has filed a chapter seven bankruptcy case in the U.S. Bankruptcy court of the Eastern District of Virginia. She also has a Lien on her bank account that she needs lifted. She may want to try sending the notice of her bankruptcy filing along with the list of creditors showing the creditor that receive the judgment against her and has placed a hold on her bank account. She may prepare a letter to the bank indicating that she has filed a bankruptcy and all actions against her must immediately stop and that they need to lift the Lien from her bank account. She should copy the creditor with the letter and the notice of bankruptcy filing, along with the list of creditors. Normally the bank will go ahead and lift the lien once they receive this documentation. It is very important that she makes sure that the creditor is properly listed. In the majority of these cases, a motion to avoiding lien is not necessary. The creditor is simply enforcing its right to collect the debt. By filing the bankruptcy case, the creditor must immediately stop collections and the bank should lift lien. I hope this helps.

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Customer: replied 10 months ago.
I guess my other question is if the seizure took place in the process of the bankruptcy once discharged are the monies that are garnished and taken generally returned back to the debtor?
Expert:  Law Tutor, Esq. replied 10 months ago.

The bank will turn over the monies to the bankruptcy trustee. Then, she will need to protect the funds on her Homestead Deed under 34-4 of the Virginia Code and the funds will be turned over to her by the trustee. Your sister should hire an attorney immediately to help her with this, as the laws regarding bankruptcy and homestead deeds are very technical. There are many attorneys who handle Chapter 7 bankruptcy cases at a very reasonable cost. Please don't forget to give me a positive rating so that I may be compensated by the site for helping you today.

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