What Do I Do?????

[Twiztedkonceptz]

Last year, when i owned my own business, I recieved checks that totalled the amount of about 10,000.00 and they all came back nsf. Which means they screwed me over, knowing the checks were going to bounce. I had a police report and everything about it. I want to claim the balance on my bankruptcy but when I got the report from chexsystems, it says the account has nsf activity and suspected fraud activity. I just sent a dispute in with chexsystems, am i going to have a problem with this in my bankruptcy??????

Nick

[bkfiler]

you mean you got the 10K even though the checks bounced?

if you mean it looks bad for you im not sure why you think this. if you dont have a negative balance but the system shows there were issues then i guess you can explain it to the trustee. but if there is no balance then why list it. most states dont need to list $0 balance accounts.

[Twiztedkonceptz]

well it doesnt show up on my credit report, and hasnt for the past year, but it is on the chexsystems report.And yes, I cashed about 75% of the total of each check. I just dont want it to come out and bite me in the you know what after I file...

Nick

[StaciMM]

You can owe things that are not on the credit report. Creditors have to pay to subscribe basically, and not all are going to bother.

I'm not sure what you mean in your post. Former customers owe you money, and you're wanting to make sure you list it properly? In that situation you are the creditor so I'd think it would go where you list any debts that are owed to you. (Statement of financial affairs, I think.)

I can't imagine being in business and having $10,000 in NSF checks... Yikes!

[StaciMM]

This wouldn't be one of those 'we're an overseas company and do alot of business in the US but need payment processors to work from home because it takes so long for customers to send money to us' type jobs would it? Where they sign you up, send you bogus checks, and you Western Union 90% of the face value of the checks out. Within a couple of weeks, the checks come back and you are in hot water with your bank account.

I think this will soon be as big as the Nigerian scam. When I posted my resume at Career Builder.com, I got 1 'offer' per week. Their websites were always newly registered, and gone within a month I'm sure.

If it is that sort of thing, no need to admit it here but you might want to speak to an attorney. You could be up against criminal charges for money laundering & have some IRS issues.


PS-for bankruptcy, you would list the bank you owed and approx. balance as best you could. Keep in mind that if it is something due to fraud and you are implicated, the debts may not be discharged. (Just an FYI-if this doesn't apply to your situation, it may be good info for someone else reading.)

[Twiztedkonceptz]

Well what this is exactly what happened. I owned a business fixing and customizing cars. A usual job I would of made about 4500.00 I completely fixed a ladies car after she was in an accident, and it cost right around 10,000.00. I fixed her car, and then she wrote me checks for the work. different checks for different jobs....(for example...i did the body work, she paid me for the body work, then i did the electrical and she paid me for that.)I wrote checks for parts for that job based on their checks, Out of the checks..i deposited the amount for the parts that I wrote checks for, and I cashed the rest. I havent been able to find them yet...and I know that i still owe that amount. But im unsure as to whether I can include it in the bankruptcy due to what Bank of America is reporting(nsf activity,suspected fraud activity) does that make sense?

Nick

[Twiztedkonceptz]

and no it has nothing to do with that, i have heard a lot about that on ebay, and craigslist.com. This is just one girl that didnt have money, and screwed me the hell over!!

Nick

[StaciMM]

That does. Forgive me for thinking of the other - I imagine that people who fall into it have good intentions, and the emotions of a quick payday override their other instincts. Good people end up in trouble because they weren't suspicious minded!

BofA probably listed it as potential fraud w/ Chexsystems because they wouldn't know if you did the transactions intentionally or knowingly. I do know that fraudulent activity leading to debts can't be discharged, but if they have not brought any charges against you-and its been a year+ then you should be ok. Most likely, they didn't have enough to pursue it.

Consider yourself lucky that it isn't on your credit report, and there are banks that open accounts without bothering with Chexsystems. If these transactions all happened w/ the same bank, you would list that bank. If you have info on the transactions, it might be best to list each (check?) as a creditor. If you don't have that much detail, it shouldn't be a biggie.

[Twiztedkonceptz]

Yeah except I cant get a bank account now because I cant find a bank that doesnt use chexsystems. I submitted the dispute, do you think its going to clear it?

Nick

[StaciMM]

I don't know anything about getting things off of Chexsystems.

You could try Patelco Credit Union. I just got an account there. They pulled Experian, but didn't deny me based on credit (like the only local CU I am eligible for). Anyone can join, for affiliation just indicate you're interested in the California Assoc. of Older Americans. (Doesn't matter if you're not an older American, or not in Ca.) I don't know for sure that they don't run Chexsystems, but there is a good chance I think, since they're privately owned & such.

They are located in Ca, but are part of a larger Credit Union System so you can do transactions at other CU's.

http://www.patelco.com/locations/cu_centers.aspx

I got a free check card, have a free order of checks on the way (though I think that was a mistake-one rep said $8.75, another said free), and they have some things on their website that I like. Such as a free money management site, kind of like Quicken, where you can list a budget and track what you spend.

[Twiztedkonceptz]

Cool, thanks, I will try it and let you know what happens. I really need a bank.

[StaciMM]

You can apply online, and they'll mail you a request for your driver's license, ss card, and something like a utility bill to verify your address. Within a couple of weeks, you should receive something stating that you've been approved for savings and checking, and to send in a minimum of $35. ($20 is membership fee, one time, and $10 is minimum deposit for checking, $5 minimum deposit for savings. They are thorough and they are known as BK friendly. They do verify w/ check stubs, etc. for loan & credit card apps.

I was able to see they had gotten my $ by logging in to my account, but didn't hear anything so I emailed & that got everything finalized.

[Twiztedkonceptz]

So should I list Bank of America on the debtors list or no? Im just worried that the whole bankruptcy would be dismissed just because of that. I was planning on filing on my own because everyone said its just as easy, and a lot cheaper.

Nick

[bkfiler]

i think most here would say use an attorney. its not easy and even harder now that the new laws are in place. its harder then ever.

cheaper. i myself would argue that one. if something goes wrong then what have you gained. think about what you get when you pay an attorney.

if you havnt gotten 5 free conseltation i suggest you do so. you will know more about what you should do and want to do afterwards.

[Twiztedkonceptz]

I have talked to five different ones already, recieved paperwork, and even started filling a couple out. I just cant afford it right now...