.jpg)
Retirement account loan collection in spite of automatic stay
Client took out a loan against her retirement account before filing and was
making repayments via automatic payroll deduction. Client then filed C7.
Client received a letter from her retirement plan administrator stating that
the automatic stay did not apply to her plan. Client received her 1/4/10
paycheck with loan deduction made.
I thought the automatic stay applied to everyone, including the retirement
plan administrator. Am I wrong? If not, can someone suggest how should I
proceed/respond to creditor?
Thanks.
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
www.matthewgaryevanslaw.net/Bankruptcy
please visit my blog at matthewevanslaw.wordpress.com
Member: California State Bar, American Bar Association, Consumer Attorneys
Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
The post was migrated from Yahoo.