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    Change bank accounts if cc debt is with same bank??

    I have yet another question! I have approximately $17,000.00 in debt with BOA and I have two checking accounts and one savings account set up with them. Should I switch to Wachovia and put my wages from my new job since I will be trying to discharge my cc debt with them? Does this even matter? If anyone has done this before and more specifically with BOA, please let me know so I know what route to take. You all have been sooooo helpful and I am no longer sick to my stomach. LOL.

    #2
    From what I've heard on this forum you should change banks for sure. If you do a search you'll see posts where people have had their checking accounts drained because they owed money to the company.
    Kari
    10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
    http://www.bankruptisnormal.com/

    Comment


      #3
      If you have a credit card or loan with BOA along with your checking and savings account or you have overdraft protection that you owe on, then yes. It's wise to move your accounts to another bank. If the credit card, loan, and/or overdraft account agreement you signed have a cross-collaterization clause (and most do) then BOA can take money from your checking and savings accounts to pay the credit card, overdraft account, and/or loan.

      However, if you don't have a credit card, loan, or overdraft protection account with your BOA bank - just checking and savings - then there's no reason to change banks.
      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

      Comment


        #4
        Originally posted by lrprn View Post
        If you have a credit card or loan with BOA along with your checking and savings account or you have overdraft protection that you owe on, then yes. It's wise to move your accounts to another bank. If the credit card, loan, and/or overdraft account agreement you signed have a cross-collaterization clause (and most do) then BOA can take money from your checking and savings accounts to pay the credit card, overdraft account, and/or loan.
        My question is when they can do it?
        Can they take money after I'm 30 days late on one of the credit cards with them?

        Comment


          #5
          Originally posted by sf2007 View Post
          My question is when they can do it?
          Can they take money after I'm 30 days late on one of the credit cards with them?
          If there is a cross-collateralization clause in your credit card contract, then yes - the bank can take the money out of your accounts to pay off the credit card without prior permission and without prior warning.
          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

          Comment


            #6
            I would change banks regardless. I had a credit card and an overdraft bank with Chevy Chase. They would not let me shut down my account because I still owed on the overdraft. I made them change my account to a "student" account, where they were not charge me an annual fee for the checking account. I kept a $1 in it. I opened up an account with Wachovia!

            Good Luck, Catchmeifyoucan
            July 2006: Filed Ch13 :blink:
            Oct 2006: Converted to Ch7 :clapping:
            Jan 2007: DISCHARGED :clapping:
            Nov 2007: CLOSED :yahoo::yahoo::yahoo:

            Comment


              #7
              Originally posted by Beeheery View Post
              I have yet another question! I have approximately $17,000.00 in debt with BOA and I have two checking accounts and one savings account set up with them. Should I switch to Wachovia and put my wages from my new job since I will be trying to discharge my cc debt with them? Does this even matter? If anyone has done this before and more specifically with BOA, please let me know so I know what route to take. You all have been sooooo helpful and I am no longer sick to my stomach. LOL.
              Yep - you need to change your bank asap; otherwise they will seize whatever you have in the checking/savings account as soon as you file.

              Comment


                #8
                Originally posted by spongenotbob View Post
                Yep - you need to change your bank asap; otherwise they will seize whatever you have in the checking/savings account as soon as you file.
                Wouldnt that be a violation of the automatic stay? Not that I am disagreeing with the advice to change banks, but it seems like if they seize any funds AFTER filing then it is a violation of the automatic stay.
                12.10.2007 Filed CH 7
                01.14.2008 341 Meeting
                03.14.2008 No Objections filed :yahoo: :clapping:
                03.27.2008 Discharge of Debtor :yahoo: :yahoo: :yahoo:

                Comment


                  #9
                  Originally posted by spongenotbob View Post
                  Yep - you need to change your bank asap; otherwise they will seize whatever you have in the checking/savings account as soon as you file.
                  They can't take any money after you file.

                  beeheery: I had 3 cards with B of A and a checking account. I also had 2 cards with Citbank and a checking account. I closed both the checking accounts and opened a new one with a bank that I had never done business with. The reason I did this was so I had a checking account that didn't have any checking or routing numbers floating around, or hadn't been used for any loan or credit applications. There's never a guarantee that someone won't find this account, but I'm hoping it will stay under the radar by not showing up on any credit reports.

                  Comment


                    #10
                    We changed, just to be safe and on the advice of our attorney.
                    Petition Filed 6/4/07 :clapping:
                    341 meeting 7/31/07 :clapping: :unsure:
                    First Meeting Held and Trustee's Report of No Distribution 8/2 :yahoo::yahoo:
                    10/15/2007 - DISCHARGED!:yahoo::yahoo::yahoo:

                    Comment


                      #11
                      We changed too, no sense giving them a chance to take the money.
                      Filed Ch 7: 12/27/07
                      341: 2/6/08
                      Discharged: 4/11/08
                      Finally closing: ???

                      Comment


                        #12
                        We filed on an HSBC credit card and kept our account and nothing happened. Our attorney said that they wouldn't be able to seize any funds out of the account and we've been lucky so far. I thought only Credit Unions had the Cross Collateralization?

                        Comment


                          #13
                          What methods can a Creditor who has a judgement use to locate my Bank, they already levied one bank but have not levied my main bank, I am worried because I received a Memorandum of Costs on 12/28/07

                          is Memorandum of Cost an indication that a writ of Execution is to follow?

                          How can I be sure my bank account is safe, can they purchase or pay someone to get my banking Info ??

                          Comment


                            #14
                            Originally posted by Carlysmom View Post
                            We filed on an HSBC credit card and kept our account and nothing happened. Our attorney said that they wouldn't be able to seize any funds out of the account and we've been lucky so far. I thought only Credit Unions had the Cross Collateralization?
                            same here.. i had BOA personal ck accts(2) and my business cking.
                            Plus 2 cc personal and 1 business cc. I am still using both checkings with any problem. My lawyer also told me that they would have request to trustee or file to hold any money.

                            seafresh
                            Filed: 9/28/07 :clapping::unsure:
                            341.... 11/1/07 :dry: :yahoo:
                            discharged 1/7/08 :clapping::yahoo:

                            Comment


                              #15
                              Better Safe Than Sorry

                              Originally posted by jp2861 View Post
                              They can't take any money after you file.
                              Please don't give people a false sense of security about this!

                              I can't speak specifically for BOA, but my credit union DID do this to me after I filed. Their position was that they didn't "take the money", but just "froze" the account. Same difference either way, when you can't access your funds. In my case it was over 2K, and I had a mortgage payment due that I couldn't write a check for because they had frozen my checking acct.

                              Better safe than sorry. When in doubt, take it out!!!!!!!!!!!!!!!!!

                              K
                              Last edited by krielly; 01-04-2008, 06:29 AM.
                              You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

                              Comment

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