A setoff occurs same day (time unknown) as CH 7 filing. Can client get his money
No, it is an offset.
My Card
Jonathan D. Leventhal, Esq.
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back?
His case was filed at 9:06 AM today.
He listed Chase Bank as a creditor (a Chase Checking Acct with overdrafts) but didn't mention to me(for reasons I can't imagine) that his salary is still being direct deposited into that same Chase Bank acct. Of course they took that money to pay the overdraft and now his account is current again.
I don't know the exact time the direct deposit/setoff occurred but is their any means by which the debtor can retrieve those funds?
I'm thinking no, since the bank is only recouping funds they advanced him and that there are a number of cases allowing that - even with a stay in effect but I would appreciate opinions.
Shawn White
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