How can I get a checking account with a recent bankruptcy?

Question

I am currently in a Ch. 13 bankruptcy. I have a checking account with my husband but we are going through a divorce and I need to separate our finances. One of the debts listed in our bankruptcy was a checking account that got in the red. I am sure it was reported to ChexSystems, but we included it in our bankruptcy. Is there any hope for me??

Ch. 13 is a bankruptcy where you work out a payment plan. It will not be discharged for 5 years, b/c that is how long the payment plan is. It was a personal bankruptcy. Business is Ch. 11.

Re: Lynnae -- I cannot pay it off myself b/c it is in my payment plan for my bankruptcy. I have a set deduction from my paycheck every month for 5 years and that amount goes to pay back the creditors that were included in the bankruptcy. If I were to just pay it, I would be paying it twice.

Answer 1

Bring your bankruptcy discharge paper with you when you go to open a bank account.

Answer 2

Is your chapter 13 plan a 100% plan? or are you only paying a percentage to the unsecured creditors. I don't really know much about the Chexsystem, BUT once you get your disharge that debt is gone. I would think it would be illegal for chexsystem to insist you need to pay off a disharged debt to be removed as that violates the discharge.

But in any event I don't think you should have a problem opening a bank account just because you are in a chapter 13. Shop around, someone's bound to give you an account.

Answer 3

Open a new account in your name only. Shouldn't be a problem becuase you open an account with cash.

Wouldn't hurt to go see someone at the bank you're with now and explain it to them in case there might be an issue because of the bankruptcy. You can also ask your bankruptcy lawyer as I'm sure he/she will have more information to help you out.

Perhaps not getting a checking account might just be a consequence of declaring Ch. 13.

Answer 4

You're going to have to pay that account off in order to open another checking account. You will also need to have proof from that bank that the account was paid in full in order to open a new account. Sorry! I know - I've been through the same thing before and it took me 2 yrs before I had the $$$ to do it. You should be able to open a savings account and possibly have a debit card attatched? Talk to your local credit union because sometimes they are a little nicer to deal with. These things happen and it's no reflection on you as a person. Bad things happen to good people and all we can do it walk through it sometimes, coming out stronger on the other side ; )
Best Wishes!!!

Answer 5

If I were in your situation I would have your lawyer talk to the bankruptcy judge. I am not a lawyer but I want to think that the bankruptcy judge could order a bank to open a checking account for you. If this is not possible I would talk to the bank about a savings account with atm and on line banking priveleges. Credit in all its forms boils down to character, (yours), capacity (your ability to generate payment), and capital (the amount of collateral such as cash that you have on hand to pay). The character part boils down to trust and confidence. It is the part that banks and other credit extending businesses won't talk about for legal reasons. They always only talk about capacity and capital. The character part is the part you need to work on. What can you do to distinguish yourself in a way that the bank will trust your character? Could I count on you to come through on simple tasks such as arriving at a certain place by a certain time, no matter what? This is an example of confidence. When was the last time you did this? Financially if you could instill in your banker the same confidence that could make her decide to open a checking account for you. Don't confuse confidence with anything negative. Most successful women instill confidence in their businesses and careers. It takes time. Divorces statistically take 18 - 21 months to recover from despite vigorous denials from recently divorced couples. Perhaps you could propose to them that after six months of good behavior with the savings account they could progress to a checking account that is backed up by the savings account. With online banking I want to think that you can function pretty well with your savings account. I hardly write checks anymore. From another angle go to a department store and open up a credit card account. Buy somthing with the card and pay the card off immediately! Do this for about three or four months and your credit score will go up. You then have somthing positive to report to your banker who may then open up your checking account. My question to you is why do you need a checking account so badly in this day of online banking? Do you love to write checks? I recommend a book by Gerald Mundis called "How to Get Out of Debt, Stay Out of Debt and Live Prosperously". It will give you the basics of credit you need to get that checking account on solid grounds.

Answer 6

Now I take it that this was a buisness you had right? Chapter 13 covers this. Now.. you may have a problem getting a checking account open? You may want to try and go to a Credit Union because they are a bit more lapsed when it comes to checking accounts. I have been in banking and also worked at Credit Unions too. Good Luck!

Answer 7

Lynnae is right-on in her response. Talk to the manager at a credit union. I work with people all the time in your situation. There are usually options like the debit card for people in your situation. They can even help you start rebuilding your credit too.

Answer 8

If you are on the Chex system, the only way is to get yourself removed from it, and that is by paying the amount you owe on it. Call the bank you owe and speak with management, explain your situation and see if they will work with you, and or remove you

Answer 9

Try going to a credit union. They will treat you better.

Answer 10

There is no problem gett a checking account. You open it with CASH. It is all your money, the banks risk NOTHING.