Ok,
SO, I have another question that I didnt think through in advance as soon as I should have..
I did close my original checking acct with Chase as I had loans (CC and Mortgage) with them, as well as some automatic withdrawal payments to another creditor. I moved it over to US Bank.
BUT, I just recently realized that I have a CC from Elan Financial (actually its a credit union CC backed by Elan), but Elan is the creditor listed on my CH7 filing. Oh, for those not familiar - Elan Financial is an affiliate of US BANK.
Anyway, normally I would just move to yet ANOTHER bank - not neccessarilly close the US Bank acct, but just leave very little in there. BUT, I had a couple of returned checks fairly recently so I am concerned I may not be able to start a new account elsewhere.
I have filed the CH7 and have a case # as of last Wed (4/20/11). I have no idea if Elan has been notified although I THINK they were one of the ones that called me that I actually spoke with and notified them of the filing...but cant be 100% sure. I know that not everyone has been officially notified because I am still getting robocalls, though they have slowed down somewhat.
I do still have access to the account as of this morning.
SO, the questions are:
#1 - Anyone have experience with US Bank and will they "freeze and keep" anything in my account - right now that is no big deal as I only have 40.00 (as was the case the day of filing) or whatever in there...but I get a direct deposit of payroll on Tuesday night. I PROBABLY can change this if I can get another account, or get a paper check. I realize we are in "automatic stay" territory, but I hear that some banks are not claiming that have setoff rights once the stay is in place (which it is), but they still "hold" any monies until the 341 hearing claiming they need to make sure the Trustee does not want any of the money.
#2 - If they DO freeze in any manner - will they accept my direct deposit and then freeze it to? Or only the monies that were in there on day of filing.
#3 - And finally, and probably best solution, does anyone have good suggestions for a NEW bank that will open an account for me in my situation? I live in AZ if that helps...
I read conflicting information as with so many things related to BK - MOST of what I read leads me to believe that I am ok since they didnt freeze anything prior to filing and now the stay is in place....but would love opinions or assistance from the community here.
By the way, if I havent said it enough - this forum is awesome!
Thanks in advance.
SO, I have another question that I didnt think through in advance as soon as I should have..
I did close my original checking acct with Chase as I had loans (CC and Mortgage) with them, as well as some automatic withdrawal payments to another creditor. I moved it over to US Bank.
BUT, I just recently realized that I have a CC from Elan Financial (actually its a credit union CC backed by Elan), but Elan is the creditor listed on my CH7 filing. Oh, for those not familiar - Elan Financial is an affiliate of US BANK.
Anyway, normally I would just move to yet ANOTHER bank - not neccessarilly close the US Bank acct, but just leave very little in there. BUT, I had a couple of returned checks fairly recently so I am concerned I may not be able to start a new account elsewhere.
I have filed the CH7 and have a case # as of last Wed (4/20/11). I have no idea if Elan has been notified although I THINK they were one of the ones that called me that I actually spoke with and notified them of the filing...but cant be 100% sure. I know that not everyone has been officially notified because I am still getting robocalls, though they have slowed down somewhat.
I do still have access to the account as of this morning.
SO, the questions are:
#1 - Anyone have experience with US Bank and will they "freeze and keep" anything in my account - right now that is no big deal as I only have 40.00 (as was the case the day of filing) or whatever in there...but I get a direct deposit of payroll on Tuesday night. I PROBABLY can change this if I can get another account, or get a paper check. I realize we are in "automatic stay" territory, but I hear that some banks are not claiming that have setoff rights once the stay is in place (which it is), but they still "hold" any monies until the 341 hearing claiming they need to make sure the Trustee does not want any of the money.
#2 - If they DO freeze in any manner - will they accept my direct deposit and then freeze it to? Or only the monies that were in there on day of filing.
#3 - And finally, and probably best solution, does anyone have good suggestions for a NEW bank that will open an account for me in my situation? I live in AZ if that helps...
I read conflicting information as with so many things related to BK - MOST of what I read leads me to believe that I am ok since they didnt freeze anything prior to filing and now the stay is in place....but would love opinions or assistance from the community here.
By the way, if I havent said it enough - this forum is awesome!
Thanks in advance.
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