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Credit Union closing my checking account

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    #16
    DF04527
    Hi There, Your daughter who is filing , needs to list everything she owes, even as cosigner. Cu will get notified of course, Does she have debit card? They could cancel the debit card until the discharge. Since you are also on the loan and car loan , you will be responsible, so she will have to reaffirm the loans or just keep paying them keeping them current. Then after discharge they will give her back debt card if you ask them. The bankruptcy dept told me if I reaffirmed they would fix my credit report
    to show it being paid. if not it would still show IB on report.
    I had a problem car, I had helped my bf get car loan with cheaper interest so I had to be first on loan and he second. So I had to list the car , and of course reaffirm it.
    We paid it off and now GMAC is refusing to show it paid on my report. I Keep disputing it on credit report.
    chpt 7 ,5-2009

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      #17
      Thanks for the good advice. I thought that credit report thing was kind of hokey - mainly because all debts do not necessarily show up on credit reports.

      Good to hear they are good to work with. I have to agree. When I worked with them to refi her truck - they were awesome. That was just this past June. Of course, at that time, I had no idea the thought of BK'ing her was even in our mind.

      She has a large personal loan to someone who has filed a lawsuit against her so i was debating holding off on the BK (she only has 14k in debt - without the truck) because we know she is "judgement proof" as she is head of household and has a small child.

      So we're kind of not sure which way to go at this point. The question on the judgement proof thing (that i also can't get a straight answer on) is: what does the court use to determine she is head of household? I can only think it's tax returns -- well last year (I do her taxes) I filed her single rather than HHH because single was more advantageous for her.

      ugh

      Thanks again guys!

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        #18
        Once they get a judgement against her, they could do nothing, or in my case a cc got a judgement and requested information thru court of my finances. To find out her bank account to freeze it . You or you could pay attorney to handle the judgement answer the court saying she is head of household meaning she is supporting her child. In Florida I know there are certain amount you have to make before they can garnish anyway. SHe may not make enough to garnish her pay check.
        My soninlaw got sued, he answered the lawsuit and they told him he did not make enough being head of household to pay them, and they recommended to judge that he file bankruptcy.
        I agree she has such little debt to file now . Maybe attorney can recommend what to do, It would be ashame to file for that small amount . Again I hate for the judgement to be hanging over her head for years. Keep us posted on what the attorney recommends.
        Last edited by Floridagail; 08-11-2010, 05:15 AM. Reason: t
        chpt 7 ,5-2009

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          #19
          We hired an attorney to deal with the lawsuit -- not so sure I'm happy with him as I'm looking on the courthouse dockets etc and to my surprise there are several things that have been going on with the case that we were unaware of.

          When we talked with him about BK -- he said he doesn't do BK's so he really couldn't make any recommendations. ugh

          When/who files a paper with the court that says she is head of household?

          I don't know why this has to be so hard....

          rock on right?......

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            #20
            Glad attorney is working on it, keep us posted. I sent you pm.
            chpt 7 ,5-2009

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              #21
              On a related topic,

              I was told that 'nobody' would issue me a checking acccount, much less a debit card, with my credit status of collection accounts, charge offs, millions in bad debt, etc. But the first CU I applied to opened a (FREE) checking account with a debit card. Just FYI.

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