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    Closed my bank account and…...

    as I was leaving the guy told me that should I have any automatic payments (which I do) come thru in the next 5 business days
    my account would reopen. That presents a problem since on the first of January an auto payment to the lending club will go thru. The lending club will be included in my bankruptcy.
    What do I do?

    Call the lending club Monday and tell them I am filing bankruptcy and I closed the bank account?
    Do I do nothing? And if I do nothing will Bank of America pay it for me? (I don't want them to pay it!!!)

    Help! Suggestions please!

    #2
    There is nothing you can really do. You will need to list Bank of America as a creditor. That debt would also be discharged. It would be in Bank of America's best interest to "return" the ACH debt to the Lending Club, if they were smart. Hopefully, BofA turned off any "overdraft" protection at the time.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Justbroke, I turned off auto draft protection prior to closing the account. I had it linked to my bank of america credit card. So, if BOA does pay it I would just include BOA in my bankruptcy for that payment? (as well as the credit card)

      Thank you!

      Comment


        #4
        Yes, just list Bank of America as a creditor. Of course, you're listing Lending Club as well. That should cover everything! (Note: if you get negative reporting in ChexSystems or another checking-related database, you can submit your discharge order to them upon discharge. ChexSystems has been good about removing negative entries, prohibiting you from opening a checking account, when a bankruptcy discharge is used to challenge any negative entries.)
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          OK, got it! Thank you for your responses!

          Comment


            #6
            My advice is to tell Bank of America very bluntly that you do not authorize any further transactions on the account, and that if they choose to honor any unauthorized transactions, you will not be reimbursing them. If B of A is stupid enough to accept any transactions on your closed account, and then try to collect the funds from you, I would ignore them. When you file for bankruptcy, you would include B of A as a creditor, and the alleged debt would be discharged. Do not fear any threatening letters which B of A might send, claiming that you will be reported to Chex Systems and unable to open a new bank account if you don't pay. After discharging the alleged "overdraft" in bankruptcy, Chex Systems will remove your name from their blacklist. I speak from experience on that.

            Comment


              #7
              If you can still get into your online account, go in and turn that feature off. You may have done so, but do it anyway.

              Understand that January 1 of any year is an *interesting* date. I cannot tell you the number of *discussions* that 'Hub and I have had regarding his measly pension payment being ALWAYS happening on the first of each month, as he is depending on having that money in hand on the FIRST!

              NOT ON JANUARY 1, IT WON'T. The payment will happen on the second or third day. I have had to take his hand and scroll backwards through the CU statements to prove this fact.
              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."

              Comment


                #8
                Thanks BCohen and Angelina. I did try to go into my account and it is already gone. Can't access anything.
                I'm just not going to worry about it.

                Comment


                  #9
                  Yes, all banks close on the 1st, so any direct deposits/ACH transactions scheduled for that day should be delayed a day, as AngelinaCat said.

                  Comment


                    #10
                    If anything goes through , call customer service and dispute it as a "Reg E" complaint. That should clear it up.
                    filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                    Comment


                      #11
                      Just a follow up in case anyone else runs across the same issue.
                      The payment was denied! BOA did not pay it even though it presented within that 5 day window.
                      Score one for me….finally! LOL
                      On to the next issue!

                      Comment


                        #12
                        Very nice! I'm glad that BOA was "smart" about it.
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog

                        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                        Comment


                          #13
                          Yeah, pre filing I was buying something on ebay and with paypal I chose the wrong account with no money in it.
                          Ding $35 NSF fee.
                          Bank of America sent it to collections,it ballooned to a couple hundred dollars. Just stuck it in the petition and it was discharged. BofA doesn't seem to hold it against me either, no entry in Chexsystem and no internal blacklist on opening new accounts with them. It's a damn shame keep the change ended. I got used to paying my verizon bill $1.01 at a time :-)
                          filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                          Comment

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