If I make a large deposit to bank after chapter 7 discharge, will it be garnished by my creditors? 19 Answers as of November 20, 2013

I just received 6 thousand dollars from my friend for a debt he owed to me a year or so before I got a Chapter 7 discharge (12/2012). I am afraid to deposit this money into a bank account for fear that it will be garnished by one or all of the creditors I listed in my Chapter 7 bankruptcy which was discharged in December of 2012. Can this money be garnished by any of the creditors in my chapter 7 discharge? All the creditors were unsecured creditors.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No it can not be garnished BUT if you did not disclose it in your bankruptcy paper work, it belongs to the trustee. Now you could probably exempt it, but have someone review you schedule B and C.
Answer Applies to: California
Replied: 11/20/2013
Stephens Gourley & Bywater | David A. Stephens
It cannot be garnished by your creditors assuming they were discharged by your chapter 7. However, the Trustee could take the money.
Answer Applies to: Nevada
Replied: 11/20/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If your case is closed then you have nothing to worry about.
Answer Applies to: New York
Replied: 11/19/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
No. Did you list this debt owed to you? If not the money belongs to your bkry trustee, not you.
Answer Applies to: New York
Replied: 11/19/2013
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
The question is missing a critical fact. Since the debt owed to you was owed before the filing of your bankruptcy case, did you list the debt owed to you as an asset and exempted it in your petition? The account is not likely to be garnished. However, if the asset was NOT disclosed and exempted and the Trustee finds out about this they can reopen your case in order to take the money and distribute it to your creditors.
Answer Applies to: California
Replied: 11/19/2013
    Law Office of Shawn N. Wright | Shawn N. Wright
    No, the creditors won't garnish it, because if you received a discharge order, then the discharged creditors cannot collect money from you at any time in the future. There is an issue that you might not have considered however and it concerns the fact that your friend just repaid you $6,000. I am hoping that you disclosed on your bankruptcy paperwork (the schedules) the fact that the friend owed you this money. If you did so, then you shouldn't have any problems whatsoever.
    Answer Applies to: Pennsylvania
    Replied: 11/15/2013
    Joseph Lehn, Esq
    Joseph Lehn, Esq | Lehn Law, PA
    If the creditors were listed on your bankruptcy petition, the debt was discharged when your discharge was entered in 12/2012. You no longer owe that debt and therefore the creditors can not collect on the debt in any way.
    Answer Applies to: Florida
    Replied: 11/15/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The answer is "NO". However, I assume and hope the accounts receivable for the $6000 owed by your friend was included as an asset in your bankruptcy filing? Any creditor that attempts to collect on a discharged debt would be in for a world of hurt. It just does not happen. Relax your debts are discharged.
    Answer Applies to: California
    Replied: 11/15/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Because you were owed this money before you filed bankruptcy, unless you disclosed it and exempted it in your bankruptcy, it isn't your money. It belongs to your bankruptcy estate and you should contact your bankruptcy trustee about turning over the check to be administered.
    Answer Applies to: Nevada
    Replied: 11/15/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    The debt was discharged. You are free to deposit the funds into your account. If a creditor garnishes the funds then you have grounds to sue them for violating the permanent injunction. Hopefully, you listed the "asset" on your bankruptcy petition and the trustee closed your case without attempting to collect the loan from your friend. Otherwise, technically the money should be disclosed to the trustee in your case.
    Answer Applies to: Nevada
    Replied: 11/15/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Hopefully, you listed that money that was owed to you as an asset in your property schedules and claimed any exemptions for it that you may have been entitled to claim. If not, that could be problematic. Your listed creditors cannot garnish your bank account.
    Answer Applies to: Colorado
    Replied: 11/15/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    No, your creditors, if discharged, are barred from collecting from you. However, you had an obligation to disclose the money owed to you on your paperwork as an asset in your bankruptcy and exempt it to the extent possible. Assuming you did so, and the trustee filed a no asset report, you have nothing to worry about now. If you have any questions, contact your attorney who filed your case.
    Answer Applies to: Wisconsin
    Replied: 11/15/2013
    Idaho Bankruptcy Law | Paul Ross
    None of these creditors discharged in your bankruptcy can do anything to collect against the $6,000. You will be fine in that regard. However, if you did not disclose that this friend owed you $6,000 on your bankruptcy schedules and the Trustee finds out, he can reopen your bankruptcy and claim the money to pay out to creditors. That is, if your friend owed you the money the day you filed your bankruptcy. Visit with your bankruptcy attorney.
    Answer Applies to: Idaho
    Replied: 11/15/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    All of your debts should have been discharged in your bankruptcy. As to the money that you received, assuming that you listed that amount due to you on your Schedule B and exempted it on your Schedule C, you should be able to keep the funds and not worry about losing them. If you did not list the asset on your Schedule B, the trustee could reopen your case and demand the turn-over of the funds. You should speak with your attorney.
    Answer Applies to: California
    Replied: 11/15/2013
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    I am afraid to say that the payment you received belongs to the chapter 7 bankruptcy trustee if you did not list the account receivable in the bankruptcy. Creditors cannot garnish you, but if you had lent money and someone owed you money at the time of filing, you should have listed that in the bankruptcy. You would have an obligation to tell the trustee of an asset you forgot to list an asset.
    Answer Applies to: Florida
    Replied: 11/15/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    IF you received a Discharge and there were no reaffirmations or you are current on debt you reaffirmed, then unless you failed to list a creditor, creditors cannot "garnish" your account. HOWEVER, if you did NOT list this unpaid debt as an asset on Schedule B of your Bankruptcy Schedules, then the money does NOT belong to you, it belongs to the Bankruptcy Trustee/Estate and the failure to turn it over to the Trustee is probably a Federal Crime which can be investigated by the FBI. I would move cautiously and contact your bankruptcy attorney.
    Answer Applies to: Florida
    Replied: 11/15/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to see your schedules and discharge.
    Answer Applies to: Michigan
    Replied: 11/15/2013
    The Salas Firm
    The Salas Firm | Ron Salas
    No the money cannot be garnished; however, you may have a much bigger problem. If you failed to list the money that was owed to you on your bankruptcy petition as an asset, you could face federal perjury charges and your discharge could be revoked making all of you debts non-dischargeable. You should contact your attorney ASAP.
    Answer Applies to: Colorado
    Replied: 11/15/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If you have your discharge order, they can not touch it
    Answer Applies to: New Jersey
    Replied: 11/15/2013
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