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    Taking cash advances on your own bank account

    Hello,

    We are getting ready to file in the next couple of months. Will it delay our filing if we take a cash advance on one bank account and transfer to another (both ours).

    I'm short on this month's mortgage pmt, also have utilities that need to be paid. It would only be $400.00 dllrs.

    Income has been reduce by 1/2 is getting harder and harder to make ends meet, can't wait for this to be over.

    Any advice?
    Thanks

    #2
    What is a cash advance on your own account?
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Do you mean taking a cash advance from a credit card held by another bank and depositing it into your checking account at your bank? If so, that is robbing Peter to pay Paul and can be viewed as a fraudulent transaction at this point if you are planning to file shortly since you are doing it with no intention of paying it back. Have you retained your attorney? If so, before you do anything like that, check with him/her.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


        #4
        sorry for not explaining myself better.

        I meant a direct deposit advance, I'm able to have acces up to 400.00 dllrs from my bank account with a 39 dllr. charge. This is the account where my check gets deposit every 2 weeks.

        The money would be deposited to a different checking account,The account from where I wrote a check out to pay mortgage. I expected husband's check to be more, it wasn't now I don't have enough in account to cover mortgage payment.

        We stop using credit cards 5 months ago, lawyer paid for. waiting on the 6 month average to even out.

        Thanks

        Comment


          #5
          Originally posted by jpntx View Post
          sorry for not explaining myself better.

          I meant a direct deposit advance, I'm able to have acces up to 400.00 dllrs from my bank account with a 39 dllr. charge. This is the account where my check gets deposit every 2 weeks.

          The money would be deposited to a different checking account,The account from where I wrote a check out to pay mortgage. I expected husband's check to be more, it wasn't now I don't have enough in account to cover mortgage payment.

          We stop using credit cards 5 months ago, lawyer paid for. waiting on the 6 month average to even out.

          Thanks
          Direct deposit advances are never a good idea unless you have that amount (ie $400) extra next month. You'll just dig yourself into a hole. It's not a credit account- so you can do it if you need to. Obviously they will just take the $400 plus their fee from your next Direct Deposit. So using the DD is okay. However, are you planning on closing the account so you don't have to pay it back? That would be bad, if that was something being asked...
          Filed Pro Se: 10/16/2009
          341 Scheduled: 11/23/2009
          Last Day for Objections: 1/22/2010
          Discharged: 1/28/2010

          Comment


            #6
            I have the similar issue when told my lawyer about it he said close it or walk away from it and open a new account. It will be discharged..
            In three words I can sum up everything I've learned about life: "It goes on".

            Comment


              #7
              That's an interesting question. Just because it's called a DD advance it still is in essence a loan, a cash advance. After all there is nothing stopping you from taking the "advance" and then having your DD deposited elsewhere the next month with no recourse by the lender.

              So I can't agree with the statement that "it's not a credit account." It is.

              However, if its only $400 I don't think it enough to fall within the presumption of fraud.
              So the poor debtor, seeing naught around him
              Yet feels the narrow limits that impound him
              Grieves at his debt and studies to evade it
              And finds at last he might as well have paid it.

              Comment


                #8
                I know is digging myself in a deeper hole, but sometimes there's just not many options.

                I've had that account for a while, is the one I plan to keep after the bk.

                Thanks for your responses

                Comment

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