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  1. #1
    Join Date
    Jan 2008
    Location
    New York
    Posts
    6

    Default Writ Of Execution On Savings Account In New York City

    There was a writ of execution on my bank account. I filed bankruptcy 2 months later. Once the creditors got the bankruptcy letter, the account was unfrozen but the money was taken. I was told I could get that back according to this law:"A trustee or a debtor in possession has "avoiding" powers, which may be used to cancel a transfer of money or property made during a certain period of time prior to the filing of the bankruptcy petition. This "avoidance" of a particular transfer by a trustee, may force the return of the payments or property tranferred, for the benefit of all creditors. As a general rule, the power to avoid transfers is effective against transfers made within 90 days prior to the filing of the bankruptcy petition." What in the world does that mean in English? HELP!!!!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Writ Of Execution On Savings Account In New York City

    In English, if they took money within 90 days of your bankruptcy filing, they have to give it back so it can be divided amongst all creditors.

    Talk to your attorney about what you need to do.

  3. #3
    Join Date
    Jan 2008
    Location
    New York
    Posts
    6

    Default Re: Writ Of Execution On Savings Account In New York City

    I spoke with the collection agency and they said their policy does not return money once taken and that I need to speak with my trustee. I don't have a lawyer, I filed on my own.

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