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    debt card issue

    Went to a store today, 9 days after I filed Chapter 13. Declined and have money in the bank to cover it easily. Does VISA do this or Wells Fargo? I listed my $1000 overdraft protection as an unsecured so figure WF is sticking it to me. What to do? Can't really blame them.

    #2
    They probably banned you from accessing the account. When I filed Ch13, I was only given $500 overdraft, at the time I owed Chevy Chase $400 something and listed them as a debt on my BK. In no time was I banned from using my bank accounts. (I made sure I had no money left in my checking account with them by the time I filed, thats for sure!)

    Best of Luck, CMIYC
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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      #3
      Originally posted by COrnguy View Post
      Went to a store today, 9 days after I filed Chapter 13. Declined and have money in the bank to cover it easily. Does VISA do this or Wells Fargo? I listed my $1000 overdraft protection as an unsecured so figure WF is sticking it to me. What to do? Can't really blame them.
      Is your debit card at the same bank your overdraft protection and checking account that you included in your bankruptcy are at? If it is, go check the balance on your checking account immediately!

      If the agreements you signed when you opened the accounts have a cross-collateralization clause (and most do), then the bank can take money out of one of your accounts to pay for shortfalls in another without your prior permission - even if you filed bankruptcy first. Please tell me this isn't the case for you (fingers are crossed!).
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #4
        I was with Wells Fargo when I filed. I discharged two personal loans and a cc I was using as overdraft protection. I still use two checking accounts and three savings accounts with them. I had no problem with the checking or savings accounts at any point in my bankruptcy. Our cash cards still worked. We also have my student loan, our mortage, and had our car through them. No problems with any of those either.
        I discovered that wells fargo is a very large company and each division could really care less what is going on in the other divisions. For a matter of fact I found that as I worked with the different divisions that each had their own rules and policies that were often significantly different from the others.
        I (my lawyer) got a letter right after I filed saying they were discontinuing my direct debt payments for the car, cc, and personal loans. Gave me an address to send car payments to and a contact person in their bankruptcy department. Student loan was already in forbarance before filing. Car loan wanted a reafirmation and even offered me better terms. Mortgage wasn't interested in reafirmation, continued direct debt payments, and just added a note to statements saying "for informational purposes only" to the statements they continued to mail monthly.
        I paid the car off a month after discharge and the only problem I had was that my car loan was between departments when I paid it so they had a little trouble locating where the loan was at to release the lein.
        Wells Fargo's CC division seems to be completely seperate from their banking, from their auto finance, and from their home loans division.
        Just give them a quick call and straigten it out.
        Last edited by JollyGG; 08-01-2007, 06:49 AM.
        Filed: 10/26/2006
        Discharged: 03/05/2007
        Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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