CH7 & Checking accounts as creditors

[ccsjoe]

OK, my turn to ask.

I haven't seen this one before, but I'm going through it now. BofA decided to "pay" some items against my checking account while I am in the process of switching banks. As of 2 days ago, the BofA checking account had 1.41 positive. Today I had an email alert saying it has -238.54. I never opted in to OD protection. They claim ACH items are exempted from this and are allowed to go through regardless of balance.

I already have new accounts elsewhere and just waiting for direct deposits to roll in properly.

My question is, what happens if I choose to include the checking account in my creditor matrix? I have an excellent chexsystems record, to the point where when I opened the new accounts at US Bank two weeks ago the assistant manager (no personal bankers available that late) was surprised to see it come back flagged as no holds on anything ever. Can that be affected? Can I even list the checking account as a creditor?

Thank you

[SMinGA]

Yes, you can list the bank account as a creditor.

If you are planning to file fairly soon, it may never hit Chexsystems. I have heard that one can send notice of the discharge to CS to get the holds off, but I don't know personally. Since you have the new bank account established, it really should not be an issue.

I understand the relief of getting that approval, by the way. I don't know for sure that I have had anything against me in Chexsystems (or their equivalent) but I don't know for sure that I don't. So the last 2 accounts I opened, I opened online. That way, I did not have to deal face to face with a bank employee for a denial. Though I was approved...

[ccsjoe]

SM, I am filing this Friday 27th. I have until Aug. 30th to bring account current before extended OD fees are charged. SO I guess I should file, then immediately call BofA and have inform them so they have to stop everything? FYI, I have emailed my attorney with instructions to move the checking account from the asset matrix to the creditor matrix.

[drowning123]

Joe, we are so alike. I too have a -$200-something balance in my checking account with Citibank. I also owe them over $6,000 on the overdraft account. Needless to say, that was included on my BK. However, I plan on bringing the checking account to a positive number. Citibank most likely will not want to service me anymore and will close my account. I already opened a new savings account in April and plan on opening a checking once I get paid this week.

[ccsjoe]

So why would you want to bring the checking account positive?

[sunshinepa]

Joe

I am assuming you had both bank and cc accounts with BoA? I just stopped paying on my BoA card.........but it is not associated with my bank. Just want to confirm so I don't have the same problem........LOL.

Thanks!

[drowning123]

I've been with them forever and they haven't treated me too badly. Just a personal choice.

[ccsjoe]

sunshine,

Yes, 3 cc's, savings and checking. Loved banking with them, loved the technology, been with them forever...not anymore.

drowning,

I was going to leave the checking open and "return" to them once this was over, however after this one, them paying an ACH item just "because", I'm done. They can write it off as long as it doesn't kill my CS rep (as SM above thinks it will not).

[sunshinepa]

Whew..........thanks JOE. Was fairly certain I was safe as I deal with a local bank but "ya never know". Load off my mind for sure.

I would MOST certainly include them if they did that to me! I guess you could look at it this way.........they didn't acutally get your money like they did some others I saw on this forum!!!

[gemini0616]

I kind of in the same situation as the OP, but I already filed. my old BoA account is now OD'd, but I have already established a new account with another bank. the negative balance came after filing (after paying attorney, moving costs, etc. - a slip in cacluclation and then several, and I mean several OD charges after BoA decided to pay each transaction). I opened the new account because I couldnt afford to replenish the account right away, but have been thinking - Am I able to include this BoA account in my petition even if the negative balance came after filing? I already included a BoA CC but doubt that applies.

[ccsjoe]

Interesting side note: My first cc missed payment was Aug. 5th. I have as of now received 3 phone calls, two from Citi and one from BofA, all very polite. Citi I told we're filing, bye bye. BofA, because of checking account, direct deposit re-routing, timing, etc, I asked to call me back Saturday 8/28 (we would have already filed and if wife's paycheck went into that account would have given us 1 day to yank it out.)

BofA checking account, overdrafted less than 1 day because THEY CHOSE to pay an ACH that could not be stopped in time (1.41 balance to cover almost 200 ACH...nice, yes, approve it please), 9, read it NINE emails today about overdraft......talk about overkill!!!