Americus, GA Bankruptcy Law Firms & Lawyers

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.

You can collect against the husband. The work was done after the bankruptcy was filed so there is no way it could have been included in the filing. If the wife included it in her bank. then there is no way to collect it against her.

It depends on if you are below means. When Congress changed the bankruptcy laws in 2005, they created a Means Test. The Means Test computes your income for the six months preceding the month you file and then deducts certain expenses based IRS guidelines. If your income is above the means, you are required to file a Chapter 13. The Means Test also tells us how much you must pay back to your unsecured creditors.