I want to file for bankruptcy in chapter 7, but I’m not sure if I should because a creditor has frozen my bank account.

My bank account is already frozen by a judgment creditor. Is Chapter 7 bankruptcy still a good choice for me? Is there a way to get my account unfrozen by filing for bankruptcy?

Asked on June 29, 2009 under Bankruptcy Law, Maryland


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to talk to a bankruptcy lawyer very quickly, I think.  The next step in the collection process is that your judgment creditor will ask the court for an order turning over the funds in the account.  If you file a bankruptcy case before that happens, the court can't enter that order, at least not until your creditor gets permission from the bankruptcy court.

What makes the most sense for you will depend on a fairly detailed review of your situation, your assets, debts and income.  One place to find a lawyer who can work through this for you is our website, http://attorneypages.com

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.