Bankruptcy and Changing Bank Accounts – The Quick Two-Step

by David B. Ross (Ross & Ross, LLC)

Do I Change Bank Accounts before filing bankruptcy from the perspective of a Bankruptcy and Consumer Attorney

It is amazing the wealth of great questions people ask an attorney when they are considering filing bankruptcy. Here is one the comes up often: “Should I take my money out of the bank before filing bankruptcy.” When we hear this question, there are really two things that a consumer could be asking. The first is, “can I hide my assets by taking them out of the bank?” For the record, it is illegal to hide assets in bankruptcy and could subject you to severe consequences. The second question is a legitimate one – will the bank take or freeze my account if I leave the money in the bank.

The short answer is “maybe.” If you owe money to the bank and also have a savings account, checking account or other assets there, then it is advisable to close the account and put your money in another bank. Why? So the bank doesn’t try to satisfy the debt through your funds. If you move the funds, you can guarantee that you will retain control over them. On the other hand, if you do not owe then there is probably no reason to move the funds.

You can visit our web site and contact us for more information about dealing with creditors and debt relief. As always since federal law requires a disclosure from bankruptcy attorneys here it is “we are a debt relief agency that helps people get relief by filing for bankruptcy under the bankruptcy code.”

Garnishing Wages – Debt Collection in Pennsylvania

by David B. Ross (Ross & Ross, LLC)


Abusive Debt Collection from the perspective of a Bankruptcy and Consumer Attorney

Here’s the scenario. You finally get home after a long day at work. You’ve just sat down to eat a quick bite and the phone rings. Right in the middle of dinner. You answer because maybe it’s a friend who needs something or a family member you have been trying to reach. Instead it is an automated call that asks you to hold. So, you hold. You don’t know why you do, you just do.

After a few minutes, someone gets on the line and asks you to identify yourself. You do. You don’t know why you do, you just do. The voice then identifies himself as a debt collector. He starts out nice enough, asking when you are going to pay the debt and offering to help you take care of it right now. You can just give him your checking account number or send him some post-dated checks. He’ll even take a credit card. Eventually he becomes belligerent and threatening. He tells you he is going to garnish your wages. He is going to … well they usually make all kinds of threats.

Unfortunately, the above scenario is all too common, and it is illegal. In Pennsylvania you cannot garnish wages to collect a debt even after obtaining a judgment against you. The harassment and the false information violate the Federal Debt Collection Practices Act. The Act actually provides that you can sue the collector for his illegal acts and recover up to $1,000.00 per violation plus attorney’s fees.

You can visit our web site and contact us for more information about dealing with creditors and debt relief. As always since federal law requires a disclosure from bankruptcy attorneys here it is “we are a debt relief agency that helps people get relief by filing for bankruptcy under the bankruptcy code.”