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Are overdrawn checking accounts & overdraft fees dischargeable?

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  • Are overdrawn checking accounts & overdraft fees dischargeable?

    I am in the process of filing Chapter 7. I have my lawyer, he has all the paperwork; I just can't file until I come up with the rest of the money for his fees and the court costs. He says everything is in order and that all my debt should be discharged.

    After I paid my retainer I called everyone I owe and told them I now I had a bankruptcy lawyer on retainer, gave his name, number, etc. The endless calls stopped (I almost forgot what it was like when the phone didn't ring constantly).

    However, a couple weeks ago I started getting calls again from a debt collection agency about the $491 I owe to my old bank. I told them that I had a bankrupcty lawyer on retainer and that I already gave them his information. The woman told me they were a different collections agency. That it went from my bank to a collections agency and then to another collections agency. That part in itself doesn't make sense to me.

    She went on to tell me I could have criminal charges filed against me. I did my google homework and found that I could have criminal charges filed against me only if I bounced checks with the intent to not pay. It's hard to prove and most banks don't bother. I didn't even bounce checks. The money is fees from automatic payments. She also told me that overdraft fees are not dischargeable in bankruptcy and doesn't seem to care that I have a lawyer on retainer.

    I've googled this, but come up with conflicting information. Some places make it seem like the whole debt is dischargeable, others say only the overdraft fees, and I've seen a couple that say none of it is. Can someone here clarify this?

    This lady is getting on my last nerve. She always speaks in such a pleasant tone and is very passive aggressive in her "I don't threaten people, that's not my style, but we might be forced to press criminal charges." I'm pretty sure she's violating some debt collection consumer protection act or whatever by threatening jail and by continuing to call me even though I have a lawyer on retainer and have told her that multiple times.

    A lot of that is a rant about my collection agency woes. I just want to know about the bank fees. Any help will be appreciated.

  • #2
    I am including a bank account in my BK filing that got O/D'd due to an ACH. Attorney didn't mention it being non-dischargeable. Beginning to wonder? Can anybody affirm this?
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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    • #3
      I'll be waiting to for the replies as I will have a overdrawn bank account to include in my BK.
      "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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      • #4
        I actually just emailed the question to my attorney. I'll post his reply
        Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
        AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

        Comment


        • #5
          See new reply to old post.
          "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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          • #6
            Thank you Joe. I wish my lawyer had email. I have to call and wait at least a day for a callback and a lot of times I get his paralegal.

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            • #7
              And here it is. My question was: Is my XXXX bank account situation a dischargeable debt (contains an O/D'd ACH plus corresponding od fees) and if so should I try to pay it off or let it be discharged?

              Answer: Yes, it is dischargeable. I would rather just have it be discharged. You are not supposed to pay an unsecured creditor during a bankruptcy.
              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

              Comment


              • #8
                Originally posted by adnama View Post
                Thank you Joe. I wish my lawyer had email. I have to call and wait at least a day for a callback and a lot of times I get his paralegal.
                My attorney is a blackberry addict, love it!!!
                Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                Comment


                • #9
                  I had two LOC with a CU, one for personal and one for business, both are being discharged.
                  Filed Chapter 7 on July 30, 2010
                  341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                  Discharged!!! - November 15, 2010

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                  • #10
                    My soon to be attorney said the same thing

                    As long as it is closed and overdrawn it is a dischargeable debt.
                    "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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                    • #11
                      Glad to hear that before I paid mine. I wanted to keep it as the bank liked me before getting mess up. I was going to wait to see what my lawyer said.
                      Originally posted by ccsjoe View Post
                      And here it is. My question was: Is my XXXX bank account situation a dischargeable debt (contains an O/D'd ACH plus corresponding od fees) and if so should I try to pay it off or let it be discharged?

                      Answer: Yes, it is dischargeable. I would rather just have it be discharged. You are not supposed to pay an unsecured creditor during a bankruptcy.

                      Comment


                      • #12
                        Hi adnama,

                        me they were a different collections agency. That it went from my bank to a collections agency and then to another collections agency. That part in itself doesn't make sense to me.

                        Very common. Debts get bought and sold, usually for pennies on the dollar.

                        She went on to tell me I could have criminal charges filed against me.

                        Nope, she is just trying to intimidate you to get you to pay

                        She also told me that overdraft fees are not dischargeable in bankruptcy

                        Nope, feeding you a line trying to get you to pay. There is nothing special about bank accts of bank fees, all discharged unless there is fraud involved

                        by continuing to call me even though I have a lawyer on retainer and have told her that multiple times.

                        document what she is doing and run it past your lawyer. Esp. once you file for BK, there are fines and damages you could collect.

                        Good luck with all this,

                        Tom in Colo
                        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                        Comment


                        • #13
                          unlucky me! I gotta pay more than $1100 to BOA last year because my BOA account was overdrawn. Wish I knew this sooner!
                          Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

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