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Receiving Bill for Overdraft acct after 341 meeting

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    Receiving Bill for Overdraft acct after 341 meeting

    We had our 341 meeting on 8-6-12 and all went as expected. We have an overdraft account on the list of creditors. It is a joint account and since we filed we stopped getting a monthly bill / statement at our current address but we are now getting it at our former address (from 2 years ago) and now my wife's name is listed first. The account # is the same as on our BK paper work and as shown on our previous statements mailed to our current address. Will this be a problem when we are discharged?
    I asked my lawyer's office and they didn't seem to want to be bothered with it and said it will be discharged. I tried to call the bank but really couldn't get through to someone who cared.
    Should I be concerned or just let it run it's course?!
    It is obvious they were notified because it stopped coming to our current address.

    #2
    It will be discharged since it is listed. Some attorneys don't so much care for stay violations and others like to pounce! If you have a local branch, try mailing the Notice of Bankruptcy to them with a kind reminder that they are violating the automatic stay.
    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
      Thank you Justbroke! I will mail that in. Do you have any idea why the bank would start mailing to an old address and change the order of the names? I wouldn't have worried if they kept mailing it to my current address but I just found this to be an odd change of events.

      Comment


        #4
        I will assume you filed a joint BK, and the wife in question is your "current" wife.

        It just sounds like the bank didn't code the BK properly in their system and only updated the account for you, but not your wife. So the bank "thinks" the wife is still on the hook (which would be true if you did not file a joint BK). As suggested, just send a notice to the bank and point out that it is a "joint" BK with the other named account holder.

        Comment


          #5
          Thanks HHM. Your assumptions are correct, it is a joint bankruptcy with my current and only wife.

          Comment


            #6
            Originally posted by Waited2long View Post
            Thanks HHM. Your assumptions are correct, it is a joint bankruptcy with my current and only wife.
            Then you're good! Send them the notice with both of your names and it should be taken care of.
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

            Comment


              #7
              Thank you Frogger. This may sound like a stupid question but what part of the BK paperwork should I be sending them?

              Comment


                #8
                Originally posted by Waited2long View Post
                Thank you Frogger. This may sound like a stupid question but what part of the BK paperwork should I be sending them?
                I would send them them the Official Form 9A, which is the Notice of Chapter 7 case, Meeting of Creditors, & Deadlines. This form will have both names and related social security numbers for them.
                All information contained in this post is for informational and amusement purposes only.
                Bankruptcy is a process, not an event.......

                Comment


                  #9
                  The form that frogger points out is also known as the Notice of Bankruptcy. You should have received it in the mail. If you have PACER, you could also retrieve it from there. If you don't have PACER, don't worry about it... since you could probably get a copy of that bankruptcy notice from your attorney.

                  I almost wrote... "the frogger that form points out..."
                  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


                    #10
                    Originally posted by justbroke View Post
                    I almost wrote... "the frogger that form points out..."

                    Everybody pickin' on the frog.......

                    Where's Pandora when I need her?
                    All information contained in this post is for informational and amusement purposes only.
                    Bankruptcy is a process, not an event.......

                    Comment


                      #11
                      Originally posted by frogger View Post
                      Everybody pickin' on the frog.......

                      Where's Pandora when I need her?
                      You rang dearest?

                      Comment


                        #12
                        Originally posted by Pandora View Post
                        You rang dearest?
                        Ya'll better watch out. Pandora looks after the frog. She didn't let me out of that box for no reason.....
                        All information contained in this post is for informational and amusement purposes only.
                        Bankruptcy is a process, not an event.......

                        Comment


                          #13
                          I have a similar situation. I walked into my bank on 6/30 to close out 2 accounts since I was moving everything to a new bank. Today the accounts are still open and they keep tacking on various service fees. I asked my attorney about it at my 341 and she said that it's typical for a bank to leave an account open for awhile, but if it was still open by my discharge date to let her know and she'd contact them to have it resolved. If you haven't filed yet I'd just let it be. Otherwise advise your attorney and he or she should be able to resolve it for you.

                          Comment

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