Legal Question in Bankruptcy in Wisconsin
I am going to have to file Chapter 7 bankruptcy but I have 1 credit card that is automatically deducted from my checking account ea. month. Will they continue to deduct every month or is this stopped once I file? Do I need to close that account entirely?
1 Answer from Attorneys
Closing the bank account is usually the least troublesome way to deal with monthly ACH (automatic clearing house) transfers which you set up prior to bankruptcy. ACH transfers are roughly the equivalent of checks. Therefore it is difficult to stop them once they have been issued, unless you can get consent from the creditor. In my experience, obtaining consent from the creditor to stop these is like pulling teeth. It is time consuming and often fails since it is simply not in the best interest of the creditor to stop them voluntarily. After filing, a threatening letter or two to the bank usually does the job, but at that point you are unnecessarily running up your legal bill. It is cheaper therefore to just close the account. You can even open up a new one at the same bank. So long as it has a different account number, the old ACH transfer authorization will no longer apply. One thing to keep in mind, however, is that your bank always has the right apply to set off your account against anything you owe to that particular bank.
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