Between 341 and Discharge. Advice needed

[piratejenny]

Hi,

I am representing myself Pro Se. I filed in Jan and had an easy, quick 341 meeting in Feb. The trustee closed my case and now I'm waiting to see if any creditors objects. I don't expect that they will, as I have no assets and make little income.

I have had a long time checking account with Citibank with an overdraft. I also took out a personal loan from Citibank two years ago. Payments come directly out of my checking account every month and I am current on both accounts. (I had other credit card debt that I had stopped paying over a year ago from HSBC and Capital One. This was the debt that drove me to bankruptcy because they starting suing me. They would not negotiate with me and I'm in no position to pay it back). Currently, I am making payments for the Citibank stuff, but often ignore other crucial things like utility bills to do it.

Although the Citibank debts have been listed in my schedules and presumably they have been notified, they have been deducting the payments anyway. I'm afraid to challenge them because I don't want my checking account or debit card cancelled. I have applied (too late I realize) for another checking account at Bank of America and it that comes through, I suppose I'll clear out of Citibank. But if they reject me, I'm not sure how to proceed.

What would you do?

[fireworks]

I would get my money out of Citibank ASAP. When Bank of America and American Express kept debiting my account without permission, I was able to go to my bank and dispute the charges. Since you're talking about Citibank to Citibank, that may not be as easy. Move your money immediately, close your checking account at Citi and send Citibank a letter, certified and return receipt, telling them to cancel the automatic draft.

I am not a lawyer and I'm sure that others here can reply with better information, but this really seems like an open-and-shut case of a violation of the automatic stay. You might remind Citibank of that as well.

I have to ask - is "piratejenny" a Nina Simone reference?

[piratejenny]

It is a Nina Simone reference! And a Kurt Weill reference. Thanks for the advice. I do want to pull my money out of there I'm just unsure about getting another checking account. I applied online for a BOA account but am a bit worried, as I got a "your transaction is being processed and we will notify you" notice. I suppose I could get a savings account and be a cash only pirate for a while. I'm sure this has been covered many times before, but has anyone opened a checking account at this stage. My credit report is horrid but my Chex System report should be OK.

[blessed]

We were advised to open new accounts at a new bank before filing. But obviously it's too late for that for you. See if you can get the new account open and close the old account asap. They should not be taking your money!

[srjth]

I opened a new account at a local credit union after I filed but in retrospect I should have done it before I filed. I haven't had any problems so far with Chase Bank.

[gmk]

From what I've been reading in these threads I'd stay away from BOA also. I hooked up with a smaller local bank and took my funds out of the bank that holds my mortgage. A preventative measure.

Funny thing. The branch manager at my prior bank (I had to talk with her to close the account) had my account screen brought up on her PC that also showed my mortgage info, and she was trying to talk me into a 2nd. Go figger that one. Commerce!!