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    Overdraft account

    I posted this question as a reply to another thread:

    I am kind of in the same situation as the OP, but I already filed. my old BoA account is now OD'd, but I have already established a new account with another bank. the negative balance came after filing (after paying attorney, moving costs, etc. - a slip in reconciling my account and then several, and I mean several OD charges after BoA decided to pay each transaction). I opened the new account because I couldnt afford to replenish the account right away, but have been thinking - Am I able to include this BoA account in my petition even if the negative balance came after filing? I already included a BoA CC but doubt that applies.

    any help is appreciated. thanks!

    #2
    Originally posted by gemini0616 View Post
    I posted this question as a reply to another thread:

    I am kind of in the same situation as the OP, but I already filed. my old BoA account is now OD'd, but I have already established a new account with another bank. the negative balance came after filing (after paying attorney, moving costs, etc. - a slip in reconciling my account and then several, and I mean several OD charges after BoA decided to pay each transaction). I opened the new account because I couldnt afford to replenish the account right away, but have been thinking - Am I able to include this BoA account in my petition even if the negative balance came after filing? I already included a BoA CC but doubt that applies.

    any help is appreciated. thanks!
    Pre-petition debts are included in your BK, post petition debts are not. Sorry.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      post filing debt

      Hi gemini,

      Newbie2 has the right answer.....NO

      Debts you incur after the filing date are not available to be discharged.

      Am I able to include this BoA account in my petition even if the negative balance came after filing? I already included a BoA CC but doubt that applies.


      You put down what was in the account the day you filed.
      Best strategy might be to take the BK notice over to the lender and tell them you have filed BK, and the acct will be included in the BK, and you need to close the acct asap. Your bank may not think the amount is worth worrying over, then closes the acct, then charges off the acct.

      When you pull your big 3 credit reports after your BK case closes, you make sure that this entry says "closed by consumer" and isn't labeled charged off, closed by issuer, etc.
      And while you are at it, check all accts the went through the BK, ,make sure they are notated IIB (included in BK) and have a zero balance.

      Good luck with 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


        #4
        Gemini, sorry but no. Pre-petition debts ok, post-petition no.
        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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