Nutley, NJ Bankruptcy Law Firms & Lawyers

There is nothing that you can do. The discharge is entered automatically and usually takes between 90 to 120 days from the date of filing. That assumes you have filed your financial management certificate and comply with the trustee's requests.

This is posted in California and I'm licensed to practice only in California. I recommend calling a local Bankruptcy attorney and discussing the situation. There are some questions that the bankruptcy attorney will need to ask you. Did you list the creditor on your petition schedules? Was the creditor served with the "Bankruptcy Notice" at a proper address? Do you have in your possession rental furniture or did you return the items? Generally speaking, if a creditor was listed, noticed properly, and the rental furnishings have been returned there are two ways to go. The easiest and the first thing you may want to try is to send the creditor a "cease and desist" letter, include a copy of the bankruptcy notice. I've had to do this a few times and typically even a fax to the creditor of the Bankruptcy Notice after I talk with corrects the problem. If it's clear to me that the person I'm talking to has no knowledge of Bankruptcy I may ask to speak to someone in their legal department. Sending a cease in desist in writing is important because telephone conversations are difficult to prove and in the next step you want to provide the court with evidence that the creditor knew about the bankruptcy and despite this knowledge continued to attempt collections thereby violating bankruptcy automatic stay. If after they received a written notice they continue to attempt collections the next step is to get an order for sanctions against them. This is achieved by getting a hearing scheduled at the Bankruptcy Court. You will need to file with the court a motion for sanctions, you must serve the notice of the motion and the motion itself on the creditor. I do not recommend doing this yourself particularly since if the Court rules in your favor the creditor would be ordered to pay you damages, which conveniently includes costs incurred (like legal fees) because of their acts.

You should talk to a local NY attorney. If the account is IN YOUR NAME or social then it is accessible in bankruptcy. If you file now, and your name is not on the account then not an issue. He can give you an atm card to the account w/o your name on it. Really want you to go see a bankruptcy attorney.