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    Checking Account

    Ok, so the bank I have my current account with I also owe money on CC's that are going to be included in my BK. I have to wait several months to file because I have to save the 3k to pay the attorney. (he doesn't like to have the payment included in the 13 plan) So in the mean time, should I open an account at antoher bank? Should I be worried about them taking my money? I can't afford to be late on my mortgage.
    Filed Chapter 13 05/23/08
    Converted to Chapter 7 Jan 2012
    Discharged April 2012

    #2
    If it is a credit union, your answer is yes, open another account. If it is a bank (like B of A etc) then they are easier to deal with in a BK and you probably would be ok.

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      #3
      It is BofA. I'm not worried about after I file, it's before I file that I'm concerned about. If I tell the credit card dept that I have hired an attorney, should that be enough to keep my current account?
      Filed Chapter 13 05/23/08
      Converted to Chapter 7 Jan 2012
      Discharged April 2012

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        #4
        Originally posted by chloe0724 View Post
        If I tell the credit card dept that I have hired an attorney, should that be enough to keep my current account?
        ??? Are you saying you want to tell the credit card dept you intend to file bk so they won't touch your checking account? Sorry, but the system doesn't work that way.

        What matters here are the original cc agreements you signed with your BofA bank. If they include cross-collateralization clauses that allow BofA to take money from checking to pay for deliquent credit card bills, then your checking account could be at risk.

        Why chance it? You have plenty of time to open another checking account at another bank and direct your deposits there. Then there's no worries at all about money disappearing without notice from your account.
        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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          #5
          We BK'd a bank credit card where we have our checking account and they didn't touch it. It was a regular bank, not a CU.

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            #6
            Listen to IRPN why risk it close the bank and open a checking elsewhere. Is smartest move to date for anyone in this situation
            Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

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              #7
              The lady I talked to at the Counseling place even mentioned this when she saw where my checking accounts were. She basically said get your money into a place you have no other relationship with - it's better that way. I'm with BofA too and have 25k worth of cc debt with them. Who knows when BofA might change policies? All the banks are in a hurt right now, BofA is no exception and if some bright young gun gets the idea there's money there that will help a bad quarter's bottom line you might find they're not quite as forgiving as they used to be.
              Chapter 13 on the horizon
              My Chapter 13 Journey Blog

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