Commercial Bank and Checking Accounts

Can checking account be included in bankruptcy?

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2008-04-07 19:24:41
2008-04-07 19:24:41

Not just can, has to be.

You don't have real choices on what is in your bankruptcy. It must include all of your assets and all of your debts...some may be classified as exempt and not available for use or discharge, but all must be listed. You do not pick and chose what you want to payoff with what you want to pay with. Wanna' guess why?

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Can u keep your checking account after filing chapter 13?


I am currently in Chapter 13 and I can use my checking account the same as I did before I filed.Just make sure you don't use your checking account to pay any debts that you didn't list in your bankruptcy.


Yes, you can include your negative checking account balance in a bankruptcy. Be aware that your account will be closed and this will ruin your credit with this bank and potentially other banks.


You may find it difficult to open a checking about after filing bankruptcy, so I suggest opening the account before you file.


The term negative is rather confusing. If the account did not have a balance it would not have been included in the bankruptcy. Any account included in a bankruptcy will remain on the report for the requred length of time, open accounts would be seven years, they will be marked included in bankruptcy. The BK accounts listing will remain for 10.


The effect it would have depends on the amount in the account and the exemption status. Regardless it would be considered an asset and would be included in the BK.


No they do not close your Checking or Savings account


It will probably be two or three years before you are able to open up a checking account. Bankruptcy severely effects your credit.



Yes. It has to be turned over to the bankruptcy trustee to be counted as an asset.


In this instance the account would generally be noted as "included in bankruptcy. The impact the open account would have is insignificant, compared to the bankruptcy.



It is likely the account will have to be partitioned; meaning the parties will need to show proof to the BK trustee of the amount of funds belonging to each account holder.


They can only freeze an account if you have legitimate reason to. If you are in the negative you can't freeze an account. But no one has the right to freeze your account, meaning creditors.


The Balance, SOME info used to set up the account, and your banker


Make sure the creditor was notified that their debt was included in and discharged through your bankruptcy. Once notified, they cannot legally update a trade line.


A checking account has nothing to do with a bankruptcy unless the bank you are going to deal with does a credit check on you and uses this information to Approve/Disapprove you based on that info. If you are turned down by a bank try another, some bank in your area will give you a Checking Account I'm sure. Good luck getting a checking account. I filed chapter 7 and was discharged over a year ago and NO ONE in the area will give me a checking account. I have to get my paycheck cashed to pay bills. The above person can't get a checking account probably because when they filed for bankruptcy, they included some current bank account they had. When you do this, the bank will place an inquiry on Check Systems and that is what banks used to determine if they will grant you a bank account at their branch. I understand your problem entirely. Refer to the above comment about ChexSystems. Keep in mind that not all banks use ChexSystems, there are still 20% of banks that use some other system or no verification system. If you have been legitimately reported to ChexSystems for owing a bank money, there is no way to remove it unless you can get the bank that added the report to request the removal. You can however, get a note placed on the account if you have paid the debt in full - this will not ensure that you can open a checking account, but it does improve your chances with a bank that has the option of overriding a ChexSystems report. Easiest way out, check with your local credit unions and smaller banks. Odds are one of them either doesn't use ChexSystems or they will open an account even with negatives on that system. ; I just came out of Chapter 7 and could not open an account as long as you included the bank in your bankruptcy and have your discharge papers along with the line item showing they were included into the bankruptcy you can open another account. Just order a chexsystem report then dispute the item as paid and request it to be updated/removed you then will be able to open another account within 30 days. If they dont show a 0 balance you can sue them under the bankruptcy law. but you wont have a problem as i was able to open account 15 days after my dispute.


Most people who have not previously declared bankruptcy are able to apply for a money market checking account. It is important to remember that these accounts often require a minimum account balance, which can range from $1,000 to $25,000.


Not enough information is disclosed about the situation in order to answer. If you have an attorney assisting you in your bankruptcy ask them.


Of course. A charge-off is a tax benefit and has nothing to do with your bankruptcy.


"Included in" bankruptcy? No. It stops any interest or penalties on unsecured debts. If the bankruptcy fails, the accrued interest or penalties will be added to the account, and the statute of limitations starts ticking from where it was on the date of filing.


it depend on case. some are varity. for example. If you got from Court order freeze your checking account for Bankruptcy filing they can freeze until you paid in full then they will unfreeze your account. I hope this help.



Joint accounts are included in an individual bankruptcy claim. Just how much of the value of the joint account is considered as your asset depends on history of the account, the type of account, and statutory details for certain types of assets / debts.


That depends on HOW they notated the account. If they marked it as 'included in bankruptcy', even if you did not list them on your creditor matrix, you probably will not succeed in disputing it, but you can try.



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