What can I do with my bankruptcy if I mailed the tax money after the account was seized? 7 Answers as of February 03, 2012
My husband has filed for business bankruptcy. My name was on one of the mortgages for the business. My bank withdrew 20k out of my personal bank account without notice. The 15k of the 20k was money for a settlement involving bodily injury that I had just deposited to pay toward my federal tax bill. I mailed the tax money which had not cleared the bank before the money was seized. Can the bank do that? What will the repercussions to the IRS knowing the check will now bounce?Free Case Evaluation by a Local Lawyer!
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Heupel Law | Kevin Heupel
You could argue that the money is protected. To do so, you have to file a complaint in the court that issued the injunction. You might call the creditor's attorney to see if they will return the funds before filing the complaint, and if not successful, then contact an attorney for more assistance. As for the IRS, they most likely will assess a bounced check fee.
Answer Applies to: Colorado
Replied: 2/3/2012
The Law Office of Darren Aronow, PC | Darren Aronow
If the bank had a judgment against you then they would normally freeze your bank account to seize the money. If they had no judgment, then they should not have taken the money.
Answer Applies to: New York
Replied: 2/1/2012
Ashman Law Office | Glen Edward Ashman
These are issues you need to discuss with both your lawyer and your CPA. You have a severe legal emergency that requires you to get off the computer, take a day off work, and meet immediately with a lawyer and a CPA.
Answer Applies to: Georgia
Replied: 1/31/2012
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
A claim of exemption could get the money back if you act fast. See a bankruptcy lawyer right a way.
Answer Applies to: California
Replied: 1/31/2012
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
You've asked a series of questions that can't be answered completely in this forum. For openers, you can expect the tax authorities to penalize you for bouncing that check: of course they will also expect payment regardless. Furthermore, the question specifies at one point that you are looking for information about *your* bankruptcy, and at another point that it was your husband's business bankruptcy that caused the trouble. Ironically, if both you and your husband have filed (business for him, personal for you) then it would permit you to recapture the $15,000 taken from your account. To get into any more detail, feel free to call our office and set up an appointment.
Answer Applies to: Illinois
Replied: 1/31/2012
Lakelaw - Loop Bankruptcy | David Leibowitz
You can try to get the money back from the bank on the basis that it was exempt. The IRS won't be happy that your checked bounced. That's for sure.
Answer Applies to: Illinois
Replied: 1/31/2012
Diefer Law Group, P.C. | Abel Fernandez
You could file a motion and attempt to get the money back.
Answer Applies to: California
Replied: 1/31/2012
