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    I need to stop automatic payments with creditor. How?

    I am on a repayment plan with AT&T Universal (citi) and MBNA (BofA now) and they take their payment every month from my checking account.
    I need to stop this from happening. So do I just cal them and say "hey, i'm filing BK, stop taking payments"?
    Filed Ch7 - 10/2/07 no asset
    341 Meeting - 10/29/07
    Discharge - March 2008 forgot the date

    #2
    Originally posted by JasonK94Z View Post
    I am on a repayment plan with AT&T Universal (citi) and MBNA (BofA now) and they take their payment every month from my checking account. I need to stop this from happening. So do I just cal them and say "hey, i'm filing BK, stop taking payments"?
    Call them AND follow up with certified, return receipt letters telling them they no longer have permission to withdraw from your account. You don't have to mention filing bankruptcy. Then head to your bank and give them copies of the same letters. Tell your bank these creditors no longer have your permission to automatically withdraw payments from your account. Do this well in advance of the next due payments. Then watch your account like a hawk to be certain there are no withdrawals.

    There's one sure way to make absolutely certain that no withdrawals happen - open a new checking account at the same bank and leave $5 in the old. These creditors can't take automatic payments from where there is no money
    Last edited by lrprn; 08-01-2007, 05:55 AM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Make sure when you open a new bank account that it is a different bank entirely or else they can withdraw from one account to pay another. That happened to me.

      Comment


        #4
        I'm having to join a credit union in town since my overdraft protection balance at my current bank will likely be included in my bk. I guess when I go home at lunch I'll give these two places a call and cancel withdrawls.
        Filed Ch7 - 10/2/07 no asset
        341 Meeting - 10/29/07
        Discharge - March 2008 forgot the date

        Comment


          #5
          Not a good advice to just leave $5 in an account, and open another account at the same bank. Banks conspire with each other in order to screw customers. Somewhere along the line the customer"s bank will run comparisons of names and addresses, and adavise the creditors deducting the automatic payments of his/her new account number. Just dump your old bank and go to a different one.

          Comment


            #6
            do it today...good luck...guzzie
            case filed : 6 -5-2007 :blush2:
            DISCHARGED ...9-26-2007..:yahoo::yahoo:
            case closed : 11-13-2007 :yahoo::yahoo:

            Comment


              #7
              Originally posted by magyar123 View Post
              Just dump your old bank and go to a different one.
              Sorry, magyar, but this is NOT a good idea. Trustees look suspiciously at recently closed accounts and often will request paperwork to prove what was in the account before it was closed. I still stand by the advice to leave $5 in the account to avoid this. This is what our bk lawyer recommended to us and I trust that sound legal advice.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


                #8
                Originally posted by lrprn View Post
                Sorry, magyar, but this is NOT a good idea. Trustees look suspiciously at recently closed accounts and often will request paperwork to prove what was in the account before it was closed. I still stand by the advice to leave $5 in the account to avoid this. This is what our bk lawyer recommended to us and I trust that sound legal advice.
                You're basically doing the same thing, closing one account and opening a different one - even if you leave $5 in the old account. Don't you think that the trustee will be suspiciou when you show a bank account with only $5.

                Comment


                  #9
                  Originally posted by magyar123 View Post
                  You're basically doing the same thing, closing one account and opening a different one - even if you leave $5 in the old account. Don't you think that the trustee will be suspiciou when you show a bank account with only $5.
                  Perhaps this is one of those times where local bankruptcy court practices vary.

                  The trustees in our district treat closing savings or checking accounts right before filing as very suspicious. It could be that other trustees in different districts don't care if you close an account or not.

                  It's easy enough to leave $5 in an account to keep it open and avoid the issue altogether, especially when filing pro se and the filer doesn't know what the local trustees think about recently closed accounts.
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

                  Comment


                    #10
                    We closed a bank acct in Oct, 2005 and declared it when we filed BK in Sept, 2006.

                    We moved from one State to another. The bank in the old State did not do business in the new State. Reasonable explanation, right??!!

                    We still had to explain it and show our last bank statement on the old acct.

                    It's not because you're planning to do anything wrong. It's because of all those who went before us that closed accts to hide assets.

                    The closer you are to filing BK, the better it would be to leave the old acct open with a bare minimum of funds and not have to explain anything.
                    Filed Ch 7 - 09/06
                    Discharged - 12/2006
                    Officially Declared No Asset - 03/2007
                    Closed - 04/2007

                    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                    Comment

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