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    SOB vent

    We called a certain c.u. to stop an automatic payment we had set up, I waited, money was still in acct., now I found out they did take it out and of course won't give it back. That means I can't make 2 car payments this month, and already had mailed out a check for one of them. Guess overdraft will pay it, but that leaves me short on the 1st, gotta have a place to live and food to eat. Opened up a new acct and changed direct deposit, will have to pay overdraft back to other bank, but now this will set us back and will have to wait til Dec. to file. I can't take the phone calls anymore and just knowing how messed up this all is. Talked with a nice paralegal, she told me we are close to a 7, she suggested we wait til we get our taxes done and spend the overpayment, then file. I can't take it, our bills by that time will be 6 months overdue. Lawyer we are thinking of using says don't make car payments, since they'll be added in to 13. We are so stressed, I'm shaking right now, and my husband is oddly, mad at me.

    #2
    why can't u file right now?
    Filed chapter 7 on 9/17 341 on 10/20
    Chapter 7 Trustee's Report of No Distribution on 10/21
    Discharged and Case Closed on 12/21/2010

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      #3
      I've got barely enough to cover utilities, not enough money to pay for filing just yet. It's crazy, not paying on $1300 worth of bills should leave us with some extra, but it went poof apparently.

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        #4
        Okieblue, now that you called your credit union and that didn't work, send them a certified letter. Also, if the creditor isn't the credit union, send a certified letter to that creditor telling them you no longer authorize them to take out automatic payments.

        There's an article on another area of this site that has more detailed information about what you should do.

        Good luck!
        Filed Chapter 7 July 2010
        Attended 341 September 2010
        Discharged November 2010 Closed November 2010

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          #5
          Agreed with Keep, send them a letter notating the date you requested the stop payment, who you spoke with, copies of any paperwork, etc. Not to scare you, but I went through this with my old bank. I went in and requested they stop ALL automated payments and gave them a list of them. Then used the money to pay direct, but they didn't stop the payments so I ended up massively overdrawn. I told them to close the account, which of course they refused since it was overdrawn (didn't matter that it was due to their own mistake), and to add insult to injury they SUED me in small claims on the overdrawn account. Well I had enough of that crap and countersued. Eventually we agreed to mutually dismiss it, although I have always wondered if I could have won some money off of them.

          Very frustrating. You've made the right move to open another account, and if you're going to file then I wouldn't pay the overdraft at the bank that screwed up: had they honored your request, then you wonld not owe them the money, period. Include them in your BK and don't worry about it.

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            #6
            That is how I am now looking at it. The burden would be on me, and the c.u. is not going to give me anything to give to the other bank as proof so the payment can be disputed, even though the rep I spoke with confirmed we talked to him and requested the payment not be taken out. I am crossing my fingers that I can get the DD's into the new bank before payday. thanks all, I tend to become hysterical, thinking too much.

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