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How do you survive during the days before discharge- overwhelmed and stressed again!

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  • How do you survive during the days before discharge- overwhelmed and stressed again!

    I've posted quite a few questions on this forum lately and appreciate all the feedback and insight to them. I've mentioned in previous posts my situation. I filed in Dec 2017, and 341 Jab 25, now awaiting discharge. I am not reaffirming my home equity loan or my auto loan, but I still plan on continuing to pay both as I want to keep both. I recently had a dilemma when I tried to deposit a $60 check into my credit union account (I have my home equity loan through them) and the teller mentioned I wasn't able to deposit to my checking but I could deposit to my savings. She said I may need to call collections on Monday to find out why, but she was pretty sure it might have to do with my BK. After searching and reading posts on this forum, seems like I should have moved my funds to another bank before I filed BK, but I just wasn't as informed, so needless to say I didn't. Now I am worried and stressed out of my mind (mental breakdown) that I won't be able to access my bank account, and I have a direct deposit coming in on Wed. I am just in tears as I realize I don't know if the credit union will give me access to my funds to pay my bills this month. I am praying they will work with me, since it is a local CU and I've been with them FOREVER. But HOW have others, maybe in similar situations, handled something like this? My last resort or any attempt at help might be to contact my ex-husband and ask if he could help me out with the bills? Or maybe my employer could put an emergency stop payment on my direct deposit and just issue me a paper check? I didn't want anyone to even know I filed BK, because it's not something I am proud of doing or being in this situation. I just feel helpless and so stressed as to how will I buy groceries, pay bills and even have any emergency cash on hand until my next paycheck NEXT month? How does anyone get through this? I thought I would be less stressed now that my filing and 341 meeting is over, only now I find myself MORE stressed and overwhelmed. I can't stop crying from the unknown!

  • #2

    Ask your employer if they can stop the direct deposit and issue a paper check. I know my employer is able to do that up to a certain date prior to payday.

    There are lots of reasons someone might need to do this with short notice. I did it right before filing bankruptcy, but I can't recall how many days it was before payday. I was not asked to give a reason for my request and they were able to supply a check.

    ​​​I used that check to open an account at a different bank. Funds deposited into that new account were held a bit longer than normal for the first month. That was inconvenient but they were upfront about their policy. So, I would suggest asking the new bank about new account policies so you are sure when funds will be available to you.


    • #3
      As I wrote before, how the credit union will handle this, if they close your checking account, is very specific. In my case, they did take a direct deposit and eventually moved all the money into my savings (share) account. I suspect that the account is NOT closed, but only in a special state. You won't know until Monday if they will reject any deposit. The fact is that the account is not closed at this time and the credit union hasn't made that decision. They are taking steps that many CUs take when they receive a notice of bankruptcy and the debtor has credit accounts and a checking account with that CU.

      Do not worry so much about this. I think it's going to be fine... based on my history with this issue.

      In the meantime, and as I also posted earlier, you should open a new checking account at a new bank. I would do this regardless of whether the CU decides to unfreeze your checking account.
      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

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        justbroke: again, I want to thank you so much for all the insight you have given me on this forum. I am praying the CU will work with me, at least for this round and then I will open a new account at a new bank, and start my direct deposit there. It's the unknown that has me overwhelmed, and there is nothing I can do until Monday.

        I am curious though, as to why my CU didn't mention anything about my account earlier when I contacted them regarding not having access to my online account. I had already filed BK then. At that time I was trying to make my loan payment to them, online, and wasn't able to; until I called and they sent me a letter to sign showing I requested to reinstate my online access. The rep told me they disabled to comply with the notice of BK and that they were not trying to collect on a debt. She said once I signed the letter asking them to reinstate access they would do so, immediately, and they did. I guess they didn't have to mention anything else about having any other access disabled? I'm just curious.

        Again, thank you so much! I will try not to worry so much and just wait until Monday.


        • #5
          For some reason, and this happens in larger banks as well, one hand does not know what the other hand is doing. It's as simple as that. Having your online access disabled is very common as they don't want to accidentally tell you that a payment is late and they are collecting a debt. That's the real bottom line. As for the difference between online access -- being able to log in -- and an account be frozen, are two different technical things.

          I know that the unknown is paralyzing, but don't let it paralyze you. There's nothing that worrying will do to overcome this issue, except lead to restless nights. I hope some other folks join in on this conversation and relate their similar experience with a credit union (or Wells Fargo). Many of us had this issue, but it was resolved one way or the other. My CU even paid back the automatic payments that they withdraw from my checking account. This is really about the process and they are trying to protect themselves from blame.
          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

          I am not an attorney. Any advice provided is not legal advice.


          • #6
            The only thing I have to add is that we have all of our accounts with Capital One online. That may be something to consider if you don't have time to go to another local bank this week or don't want to go and talk to them about your situation.


            • #7
              Chrysalis: I have my auto loan with Cap One, and did not reaffirm that loan as well, but will continue paying on the vehicle because it's my only one I have and need to get to and from work. I don't know if Cap One is a good idea for me to use right now.


              • #8
                UPDATE: I just spoke to my loan department at the CU where I have my home equity loan at, and the loan rep told me I still have complete and full access to my checking account. She wasn't sure why the drive-thru teller told me I could not deposit a check into my checking account, only my savings. But the loan rep assured me my direct deposit would go through and I would still be able to withdraw money, transfer money, use my debit/credit card. She gave me her name and extension in the event I had any issues but that just because I was in BK did not prevent me from accessing my money! Yay!!! a ton of relief and a BIG thanks to all of you for your input and replies to my posts. I do however, think I will still open a new account at a different bank and start the process of having my direct deposits go there from here on out! Again, thank you all so much!


                • #9
                  Re: getting funds from a check, if it's drawn on a local bank you should be able to walk in and get it cashed there with proper ID of course. That could save having to wait for funds to become available and can put cash in your hands.


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