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Overdraft charges, should I pay?

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    Overdraft charges, should I pay?

    We had a checking account with a bank that we also had loans thru so we have changed banks now and I have overdrafted by $6.00 in that bank account and they just sent me a notice telling me that they charged me a $35.00 overdraft fee. Should I pay the fee and $6.00 to bring the balance to $0 or will that look like a preferential payment? I don't really have it but can pay it if I need to. What do you think?
    Filed Chapter 7 Bankruptcy 4/13/2011....................... awaiting our 341 meeting scheduled for May 31st 2011

    #2
    I don't know the answer to this, but I wonder if it's just a matter of amending your petition to add it, or paying the money and not having the hassle. I really doubt it would be a big deal in the trustee's eyes. I do think you need to take care of it, because we had this happen when we filed. We moved to another state right after we closed the account (Wells Fargo) so I didn't even realize we had an overdraft charge. They contacted us over a year later and sent a collection agency for the amount, which was less than $100.

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      #3
      I had moved my checking account to another bank in preparation for filing bankruptcy as I had three credit cards with them, and I was afraid they would freeze my account.
      I did not realize they would charge me a service fee for keeping a zero balance account. I went ahead and paid the fees and officially closed the account. Some banks will report you to Chexsystems for unpaid service fees. You definitely don't want that to happen. No other banks that belong to chexsystems will allow you to open an account with them.

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        #4
        If you overdrafted after you filed it is your debt. Also as 'ohmy' stated, you may never get another account leaving that hang out there. It is cheaper to pay the 41 dollars in the long run. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          I had a checking account that prior to BK that had gone negative. To give you an idea they charged me late fee, after late fee on 2 ten dollar items. I am not sure if it was even legal, but my balance ended up being -180 dollars. I already had another checking account with a different back, so I did include them in my BK.

          If you have not filed bK yet then you can include them in your BK. You are supposed to include all debts you owe. Now chances are 35 dollars would not be looked upon as a preferential payment.
          Chapter 7 filed on 4/23/2010
          341 meeting on 5/28/2010
          Discharged on 8/19/2010

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            #6
            Originally posted by Exployer1234 View Post
            I had a checking account that prior to BK that had gone negative. To give you an idea they charged me late fee, after late fee on 2 ten dollar items. I am not sure if it was even legal, but my balance ended up being -180 dollars. I already had another checking account with a different back, so I did include them in my BK.

            If you have not filed bK yet then you can include them in your BK. You are supposed to include all debts you owe. Now chances are 35 dollars would not be looked upon as a preferential payment.


            Absolutely right, especially if it occurred after filing. No Trustee in a right mind would go after 35 bucks. I still think though for that relatively small amount it would behoove the OP just to pay it. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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