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PDL's and OD Bank Account - BK

Date: Thu, 11/12/2009 - 23:03

Submitted by anonymous
on Thu, 11/12/2009 - 23:03

Posts: 202330 Credits: [Donate]

Total Replies: 5


Hello, I'm actually in the process of filing bk right now thanks to ALOT of cc debt and two car loans that the payment was just too much after loosing my job. My question is, my husband and I had to use PDL's at one point and they caught up with us too and we couldn't afford them so we have let them go, which in turn ended up over drawing the bank (NSF fees, OD Fees, etc..) after they cashed the checks, and the checks that bounced, we still owe to the PDL companies. Obviously, we can not afford them right now, nor can we afford the bank fees. My attorney told me to try and hold off untill atleast tax time to file, so we're holding off, but I just wanted to

1.) Make sure the PDL's and Bank will be able to be added into the bk? and
2.) The bank and PDL companies can not do anything except for the same thing the CC companies do (send it to a credit agency), correct??


I had every intention of paying off the PDL's when we recieved them, but his hours were cut even more at work so we just can not afford to pay them back and pay rent, utilities, insurance, buy food, diapers, etc.. which is alot more important in my book than paying the PDL's or paying the bank off for that matter as that bank account was about to be closed for the bk anyway. (of course, it would have been closed with a 0 balance instead of a neg. balance. but that didn't happen like that) I just have not had a chance to call my attorney and speak to them about this so I figured I'd post it here. I've been reading about it and just can't seem to be able to answer my own question.

Thanks in advance.


Speaking from experience, I filed Bankruptcy 3 years ago and successfully added my PDLs..on-line and storefronts. Bank accounts can be included as well but just beware that if you have any other accounts with that bank they can and most likely will put a freeze on the other accounts. If you are filing chapter 13 they will be treated like an unsecured debt, if you are filing chapter 7 they will be completely discharged. Since you are waiting to file, they are going to most likely continue to call you and send you letters in the mail. You are going to hear from the PDL people more than anything and they may even call your references as they did in my case. I told mine that I was going to be filing BK and they still called me everyday and everyday I would tell them the same thing.


lrhall41

Submitted by PinkLady on Sat, 11/14/2009 - 07:17

( Posts: 1720 | Credits: )


Okay. Thank you so much! I am glad that I can add them in, and that is fine because most of the references I ended up screwing up the number on anyway. (Totally not on purpose, I just didn't have the numbers when I went in there and couldn't remember them exactly) I hate that I have to do that with the bank account, but it's now almost $500 over drawn and with no way of paying it back there aren't any other options. The bank has tried to call and ask if I was going to be coming in to get it cleared up, I told them at that point I had no way to (this was after my direct deposit went in anyway, so it's not as if they didn't get any money, and I could have really used that money also! lol) So I guess they are going to keep calling and bugging me too untill they charge it off or whatever they do. But thanks again!


lrhall41

Submitted by on Sun, 11/15/2009 - 21:19

( Posts: | Credits: )


Just to reiterate, yes you can add all of them. As soon as you have an Atty, provide thier name and number to all of you debt holders. This should cease all calls. If you have retained counsel for your debt, they should start sending all correspondence to the atty upon notification.

Good luck and don't feel bad about filing BK. Bad things happen to good people.


lrhall41

Submitted by PDLOwner on Mon, 11/16/2009 - 06:02

( Posts: 1049 | Credits: )