can you file on a checking account that is overdrawn?

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can you file on a checking account that is overdrawn?

I had a “friend” that ask me to cash a couple checks for her.Unknown to me her account was closed and my funds were not enough to cover the checks the credit union cashed. Now my checking account is overdrawn by 2000.00 and the “friend” had her phone disconnected. If i file bankruptcy can the checking account be put in? I live in Ohio.

Asked on June 10, 2009 under Bankruptcy Law, Ohio

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

If you file BK then all your debt will be discharged, including the bank debt.  If you have student loans however, those will not be discharged.  I suggest that you file the BK if you truly cannot pay your debts and start over.  I do not know enough facts to determine whether you will qualify.  I suggest having a lawyer help you with the BK filing.


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