Hello folks, I have a question for all of you wonderful people. I have a checking account, and recently I had a few overdraft fees hit my account. These checks did not bounch but I was and still overdrawn by a few hundred. I plan on getting back to the positive in a day or 2. Can these overdraft fees in anyway affect my bankruptcy? I am reaffirming my primary residence and I'm scared this can hurt me reaffirming. Please give me some advice. Thank you for all of your wonderful help.
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Overdraft Fees
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Have you filed yet, ihn? If you haven't, then do your best to get the overdraft paid back to zero your account before you do. If you don't, then you'll have to file listing the overdrafts as debts owed to your bank which could trigger you being reported to ChexSystems. That makes it harder to open a checking account for awhile after discharge until you can prove to Chex that the debt was wiped out in bankruptcy. Also may make your bank a tad unhappy with you.
If you've already filed and the overdrafts happened after, then Chex isn't an issue. If you filed without a lawyer, then this could make it harder for the judge to approve your reaffirmation. If you filed with a lawyer, your lawyer has to verify that he/she thinks you can pay the lender.
Either way, the only way to make sure there is no impact is to pay the overdrafts off as soon as possible.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
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