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Getting Ready to file - questions about savings

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Anonymous
Not applicable

Getting Ready to file - questions about savings

Hi, 

I'm getting ready to file due to a bad small business situation.  I have to do a personal bankruptcy because the 2 small business CC has me as the responsible party if it isn't paid.  I have a few questions:

1)   what happens to the money in my savings account?  I have a BoA, checking, savings, and a BoA CC which I want to discharge - will they take the money from my checking and savings and put it towards the CC balance?   

I'm not sure if I should take the money from savings and put it in another bank.  

The checking would be harder - I have direct deposit set up to that checking account. 

2)  I will be left with student loans, mortgage, and car loan - all are current.  Will this alone help rebuild the credit, or should I get a CC?

3)  My current CC is over 760 - how much will this ding my credit score?

 

What did y'all do?

Message 1 of 7
6 REPLIES 6
mynameainttracy
Established Contributor

Re: Getting Ready to file - questions about savings

I would move my money away from anyone I was fixing to burn. I had to change my direct deposit before filing. Can they take your money? I don't think they are supposed to but I've seen enough horror stories to not want to try it out.

 

Not many people about to file have a very big savings account.  Is it going to be exempt?

Message 2 of 7
Anonymous
Not applicable

Re: Getting Ready to file - questions about savings

I'm not sure.  I don't have a large account, but we just had a house fire in April - lost everything.  I don't know what the future holds, so I would like to have some sort of a cushion in case something happens with the insurance company. 

There definitely isn't enough in the account to pay off the debt.

Message 3 of 7
CH-7-Mission-Accomplished
Valued Contributor

Re: Getting Ready to file - questions about savings

If you are talking about more than a nominal amount of savings -- like more than $3000 or so -- the trustee will take it to pay your creditors if you are filing a chapter 7.  Cash in the bank that is not in retirement funds or other exempt accounts is protected under the "wildcard" exemptions that can be different based on state.  I think you can choose between the federal exemption or the one for your state, whichever is more favorable.

 

In terms of your score, you should expect it to go down to 550 to 600 based on your 760.

 

You need to open three credit cards to maximize your score.  Two major bank cards (Visa/MC) and one store card will do it.

Message 4 of 7
despritfreya
Established Contributor

Re: Getting Ready to file - questions about savings

Without the proper info, no one can fully answer your questions but . . .

 

1) what happens to the money in my savings account?

 

Cannot fully answer: a) you did not state the amount and b) you did not state what exemptions you can claim. My guess is, unless the funds are exempt, you will want to legitimately spend the $$ before filing and keep detailed records of what you spent the $$ on.

 

2) Restated. . . Will the bank that I owe $ to take the $ I left in that bank when I file?

 

Will they? Don’t know. Can they? Absolutely. It is call a right of setoff. As another stated, you will probably want to get your money out before filing and take steps to stop the direct deposit.

 

3) I will be left with student loans, mortgage, and car loan - all are current. Will this alone help rebuild the credit, or should I get a CC?

 

Get through the bk process and then think about this. You have more important issues to deal with.

 

4) My current CC is over 760 - how much will this ding my credit score?

 

I wouldn’t be worrying about a credit score. Regardless, it will tank.

 

5) we just had a house fire in April - lost everything.

 

Have you already settled with the insurance company and been paid? If not, you better discuss this with a bk attny long before you file bk. If you have been paid I assume you kept receipts on how you spent the $$.

 

Des.

Message 5 of 7
ezdriver
Senior Contributor

Re: Getting Ready to file - questions about savings

I highly recommend retaining a bankruptcy attorney and have them analyze your total financial picture nd guide you from there. Saving in an accoount is an asset. All assets are subject to the trustree's decision after examining your filied application paperwork. It is too complicated a question to answere here...especially with no data with which to work.

Message 6 of 7
0REDSOX7
Valued Contributor

Re: Getting Ready to file - questions about savings

No matter what, Wells Fargo will freeze assets of your checking/savings accounts regardless if you owe them money...

 

http://www.furrcohen.com/Articles-News/Automatic-Bank-Account-Freezes-Can-They-Do-That.shtml

BK Discharge 2/11/14

Currently in the garden.
Message 7 of 7
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