Complicated Chexsystem question

[blel0906]

I'm 5 months post BK and working on trying to get myself back on track starting with a bank account. When my daughter was 16 we opened a student checking account for her as the adult I was the responsible party...I ended up getting shut down at my CU because of OD's which tapped into overdraft protection..so i started using her account until I could clean things up...things got worse and a year ago my car insurance payment (which I had canceled the automatic deductions) got taken from that account they were paid and there were some debits that hit after resulting in the account OD $400 for fee's....We soon after filed BK I did not name this as a debt because I did not want it to effect my duaghter who is now 19...my intention was to deal with it so she could get her own account but have not had the $$..She had been cashing her paychecks at Walmart with no problems, whille I was continously turned down.
Several months ago she went to open an account at the CU and had no problems opening an account...She is however getting calls and letters from a collection agency for the debt (My next plan of attack is getting her reports and making sure none of my mess will effect her)

So, I decided to try to open an bank account a couple weeks ago and was declined..ordered chexsystem reports for my husband and I, he's clean mine shows the OD from the student checking account..I guess I have 2 questions...#1 although I did not claim the debt in my BK can I ask for it to be removed from my report because of BK and #2 can I fight this with the collection agency trying to collect from my daughter because credit wise it appears its effecting me and not her.

I may be mistaken but if I recall when we opened the account she did not yet have her DL's and it was my SS# and DL that was used..they would call me if their was a problem with the account but would not give me information if I called them

[free2breathe]

It really depends on which chapter you filed and whether or not it was an asset case. If you were a no-asset chapter 7, you may be ok. You would need to send a copy of your discharge notice to the collector. Most courts will allow that any pre-petition debt is included in a no-asset Chapter 7 case, because whether the original creditor was given notice or not is irrelevent. They would not have gained anything by being notified, as there would be no assets to distribute. However, if you were an asset case, you would have to petition to have your case reopened to add the debt. This, in itself, is a $260 court fee.

As far as your daughter being dinged for the overdraft, if you were joint owners of the account, that makes you both liable for the debt. The collectors will go after anyone who was listed as an owner of the account, unfortunately. Not sure if it being a student account is going to make any difference or not, since the account would probably revert to her when she came of age (18). Not positive though, so be sure to check with the CU about the specifics of the account.