How long will my chapter 14 bankruptcy take? 22 Answers as of June 17, 2011

I received a notice from our county circuit court saying that "an order for default was entered on 05/17/2011 by a judge". This is regarding a judgment Discover Card obtained against us for a debt we owe them. I understand that the creditor can freeze my checking account now. I'm in the process of filing for Chapter 13. But in the meantime, my question is, how long will it take, after filing the Chapter 13, to keep the creditors from freezing my bank account? Thank you.

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Filing any bankruptcy, including filing a Chapter 13, immediately stays any collection action against you. This includes any action by a creditor to levy on your bank account.
Answer Applies to: California
Replied: 6/17/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
About 4 months from filing to confirmation. Three to Five Years from confirmation to completion of plan.
Answer Applies to: Illinois
Replied: 6/17/2011
Ellahie & Farooqui LLP
Ellahie & Farooqui LLP | Javed Ellahie
the filing of th Bankruptcy operates as a Stay against all creditors. As of the date you file, creditors are restrained from freezing yuor account. The only exception may be is the Bank where your money is on deposit. If you owe them they can freeze it.
Answer Applies to: California
Replied: 6/15/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Upon filing for bankruptcy protection all creditor collections should immediately stop.
Answer Applies to: California
Replied: 6/15/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Your creditors will be blocked immediately upon filing.
Answer Applies to: Oregon
Replied: 6/15/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When a bankruptcy is filed there is what is called an "automatic stay." This means that creditor action must stop immediately upon filing because there is a restraining order that prevents collection. Creditors will not be allowed to pursue further action unless they receive permission from the bankruptcy judge after a hear for "relief from automatic stay." This occur, for example, if you fall behind on a secured debt such as an automobile.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Any garnishment can be stopped as soon as you file bankruptcy.
    Answer Applies to: Virginia
    Replied: 6/15/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Once you file BK, the Automatic Stay bars the creditor from proceeding. They will release the funds captured by the garnishment.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Immediately upon filing your case, the automatic stay, which is an injunction will be invoked. This means that all collection efforts against you must cease immediately upon filing. So, what you do is take a copy of the Notice of Bankruptcy filing to your bank and forward a copy to the attorneys who assisted the creditor in that court case and that should to the trick of preventing them from taking money from your account. Your attorney should advise you of this.
    Answer Applies to: California
    Replied: 6/15/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Immediately upon filing any chapter of bk the court orders an automatic stay. This stay immediately prohibits any type of creditor actions.
    Answer Applies to: California
    Replied: 6/14/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    The moment you file a Bankruptcy an automatic stay will take effect. No collection action, including freezing a Bank Account, can be taken without the permission of the Bankruptcy Court.
    Answer Applies to: New Hampshire
    Replied: 6/14/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Once you file for bankruptcy, the protection is immediate upon notice to creditors. So, you have to file and notify your creditors. At that point, you will be protected.
    Answer Applies to: California
    Replied: 6/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Relief is immediate. As soon as your case is filed all bad things from creditors must stop.
    Answer Applies to: California
    Replied: 6/14/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    Depending on your state a creditor that has obtained a judgment may freeze your account in a few days depending on how fast they serve your financial institutions. The sooner you can file your Chapter 13 the sooner you can rest assured that your accounts will not be garnished.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    The legal effect of the bankruptcy is instant.
    Answer Applies to: Virginia
    Replied: 6/14/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The instant the case is filed, creditors can no longer take any action to collect on a debt, including freezing or serving a levy on a ban account.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    There is no such thing as a Chapter 14. My office can file a Chapter 7 or 13 in under 15 minutes, if needed. It will stop any bank from seizing your accounts.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Your creditors are not allowed to freeze your account or take any other collection actions once your Chapter 13 case is filed.
    Answer Applies to: California
    Replied: 6/14/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    The moment you file your bankruptcy, your creditors will stop attempting to collect outside of the bankruptcy court. Rather they should.
    Answer Applies to: California
    Replied: 6/14/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You obviously meant Chapter 13 since Chapter 14 does not exist. Once you file the creditors can take no action against you or your money or property without bankruptcy court permission. That includes taking money from your account. Wells Fargo has been freezing accounts saying that they are doing to protect the bankruptcy estate and asking for permission from the trustee to unfreeze the funds. Usually the trustee will immediately tell Wells Fargo to release the funds. Wells Fargo will usually do it if the amount is over $5,000. There is a case pending challenging that practice by Wells Fargo. There is something called a "set off" where the bank claims to have a lien on the funds on deposit to pay outstanding debts to the same bank. The safest thing is not to have money in any bank to which you owe money and not to have too much in the bank accounts. You can take the money out but declare it in the petition since you must tell the truth in the bankruptcy case.
    Answer Applies to: California
    Replied: 6/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    First of all there is no such thing as Chapter 14. I gather you meant Chapter 13, which usually is NOT the best way to address credit card debt (Chapter 7 may be better if you qualify). In any event, the fact you are asking this tells me you are about to make the worst mistake of your life and file pro se. Do NOT do that. Almost all pro se Chapter 13s fail and then you will be in a bigger pickle. The filing, if done right, and assuming no recent prior filings, stops collection of the judgment immediately (you need to do more to erase liens). See a lawyer ASAP.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Your chapter 13 takes effect upon filing.
    Answer Applies to: Tennessee
    Replied: 6/14/2011
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