Reopen my Bankruptcy

[cprems]

Well here's a kick in the pants... I went to open a checking account and found out that Wells Fargo has listed me with chexsystems as account abuse. I was under the impression that this debt was included in my BK7, well guess what, it was not. I have talked to my BK attorney and he is worried about criminal charges being filed if I try to include this ??? It will cost me $500-600 to reopen my case and include this debt. I do not know what to do as my BK was supposed to wipe the slate clean. Now I am worried some zombie debt collector will try to collect this debt. This debt is from 11/05 right when I filed BK. How can I make this right.

Appreciate the help,

Ian

[CindyLou]

HOLD ON!! No need to open your case!!! Chexsystems is the EASIEST to work with!!!! All you have to do is call the 800# and request you report. Once you get the report, simply fax them your discharge paper and a letter requesting they remove the acct. It will be gone in approx. 7 days. I didn't believe it unitil I did it and it worked.

See this thread for more info on how to dispute.

http://www.bkforum.com/showthread.php?t=16379&highlight=chex

[CindyLou]

P.S. even if you didn't include this debt on your BK...don't worry. All they need is the discharge paper. Even if they ask for your creditor matrix, just fax them the discharge paper!

[cprems]

P.S. even if you didn't include this debt on your BK...don't worry. All they need is the discharge paper. Even if they ask for your creditor matrix, just fax them the discharge paper!

So they will write it off even though It apparently did not get added, is this legal (what I mean, are there any legal repercussions to doing this) I want to stay on the level. What if they request my creditor matrix - Just fax my discharge papers. I hope this is as easy as it seems.

Thanks for the reply,

Ian

[CindyLou]

No legal repercussion that I am aware of. You may also want to fax Wells Fargo a copy of your discharge papers too so that you can keep this off your credit report as well.

I found that VERY FEW creditors even requested my creditor matrix. Many just too my bk case number and that was it.

Worth a try. Chex asked for my creditor matrix when I called and asked them what to send, but I didn't send it and it wasn't questioned.

Remember, chex systems is just reporting the fact that you had acct abuse. It's Wells Fargo that holds the debt.

[cprems]

No legal repercussion that I am aware of. You may also want to fax Wells Fargo a copy of your discharge papers too so that you can keep this off your credit report as well.

I found that VERY FEW creditors even requested my creditor matrix. Many just too my bk case number and that was it.

Worth a try. Chex asked for my creditor matrix when I called and asked them what to send, but I didn't send it and it wasn't questioned.

Remember, chex systems is just reporting the fact that you had acct abuse. It's Wells Fargo that holds the debt.

How deep will Wells Fargo dig, will they just take my BK at face value. My Attorney was worried about criminal repercussions if I added it to my BK. I know they will contact my Attorney, what is the Attorney allowed to say...I filed BK and thats it, or will Wells Fargo need something from them (creditor matrix) to verify that I did actually include it in there. I have spoken to Wells Fargo and it was NOT listed in BK, this worries me as I might have someone later down the road try to collect on this debt I missed.

Ian

[CindyLou]

Wells Fargo would not press charges anyway. Only the merchant can press charges, and that is only if you actually wrote hot checks...and that would be done regardless of the bk if it was going to be done.

What are the fees exactly with WF?

Many us have included overdrafted accts in BK without any problems whatsoever.

[cprems]

Wells Fargo would not press charges anyway. Only the merchant can press charges, and that is only if you actually wrote hot checks...and that would be done regardless of the bk if it was going to be done.

What are the fees exactly with WF?

Many us have included overdrafted accts in BK without any problems whatsoever.

The account was overdrafted, as far as I am aware NO checks were involved. I am not sure of the fees you are referring to, but the account was in excess of $1500. I am not sure how or why it is that much, I guess I will call them in the morning and ask.

How deep will WF dig into my BK, any ideas.

Ian

[CindyLou]

I don't why they would dig. But with 1500.00 I would for sure find out what those fees are for!

Hmmmm...usually accts are just overdrawn by a few hundred. Have you checked your credit report to see how WF is listing this acct??

Just curios, why didn't you include this in your BK to begin with?

Again, this is not a chexsystems issue. You can easily get this off chexsystems. Your hurdle will be with Wells Fargo. Check your credit report and see if they have it listed as included in BK.

Honestly there were accts I forgot to list, but they took just my discharge papers. I know under the old law (when did you file?) That ANY acct that would have qualified for dishcarge is automotically included whether listed or not. I don't know about the new law.

Again, maybe someone else can chime in, but I've never heard of a bank pressing charges for overdrafted accts.

[cprems]

I don't why they would dig. But with 1500.00 I would for sure find out what those fees are for!

Hmmmm...usually accts are just overdrawn by a few hundred. Have you checked your credit report to see how WF is listing this acct??

Just curios, why didn't you include this in your BK to begin with?

Again, this is not a chexsystems issue. You can easily get this off chexsystems. Your hurdle will be with Wells Fargo. Check your credit report and see if they have it listed as included in BK.

Honestly there were accts I forgot to list, but they took just my discharge papers. I know under the old law (when did you file?) That ANY acct that would have qualified for dishcarge is automotically included whether listed or not. I don't know about the new law.

Again, maybe someone else can chime in, but I've never heard of a bank pressing charges for overdrafted accts.

I filed under the OLD law. WF are NOT listing it on my credit report (as of a month ago) I have all my other CC acounts 0 balance IIB. Well if the old law says that, I am in the clear then. I guess its time to put the phone to my ear and make a few calls.

Thanks for putting up with all the questions this late at nite, and a big THANKS for helping me out.

Ian

[CindyLou]

see, there ya go!! Easy enough. Fax over the discharge papers to chex systems. If the acct is not showing on any of your credit reports then you may not need to bother with Wells Fargo.