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Question on --- Checking Account/Overdraft Account --- if it kicked in ???

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    #1

    Question on --- Checking Account/Overdraft Account --- if it kicked in ???

    Hubby has a Checking Account/Overdraft Account tied to his checking. He just told me that this overdraft protection has kicked in a few times over the last few months when his UI check was late depositing into his account and the mortgage payment came out.

    Am I going to have any issues? Will this be considered using credit 6 months before filing, if so my hubby is going to be in deep do do with me...ugh I'm so pissed at him right now
    Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.
    Tags: adversary proceeding, overdraft protection
    #2
    You will have to list the overdraft amounts as credit owed on your petition, but since the overdraft kicked in automatically, and my guess is, was for relatively small amounts, I do not see an issue with a creditor filing an ap over it.

    I would definitely remove the overdraft protection on the account at this point. Call the bank and have it removed.
    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

    Comment

      #3
      BTS, thanks for the quick reply...I'm heading to the bank right now to get this off the account

      Originally posted by backtoschool View Post
      You will have to list the overdraft amounts as credit owed on your petition, but since the overdraft kicked in automatically, and my guess is, was for relatively small amounts, I do not see an issue with a creditor filing an ap over it.

      I would definitely remove the overdraft protection on the account at this point. Call the bank and have it removed.
      Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

      Comment

        #4
        Hi Fallonedward,

        If you are including this banks overdraft amount in the BK, I would move the checking acct to a new bank..

        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

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          #5
          My bank kicked in an overdraft right before I decided to see a lawyer. The lawyer told me not to pay it and go to another bank, which I did. I felt horrible for awhile but they posted it PRIOR to posting my automatic Unemployment payment - both of which happened on the same day. He said it was their problem, not mine. I still feel bad but they should have posted my payment first as that hit the bank immediately that morning.

          Comment

            #6
            Even it's too late, still a lesson learned for me had I found this forum earlier last year.
            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.

            Comment

              #7
              Its hubbys account and he is moving it on Wednesday this week, since he has to do hospital care for mil on Monday and Tuesday...

              thanks so much

              Originally posted by tcreegan View Post
              Hi Fallonedward,

              If you are including this banks overdraft amount in the BK, I would move the checking acct to a new bank..

              Tom in Colo
              Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

              Comment

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