What is the name of your state (only U.S. law)? IL
DETAILS : am considering filing Ch13 ( WITH AN ATTNY, of course), and one of the debts is a 2.1k overdraft line of credit in a joint checking acct held w/ my spouse. I wd file ch13 and not spouse. But the problem is that I fear that spouse wd not be able to open a bank acct for 5 yrs due to the nonpayment of this acct according to its original terms, a demerit in the Banking Industry's Telechecks system ( this is what I was told by two bankers). I understand and accept that I wd not be able to open bank accts for 5 yrs in this case, but it is undesirable for my spouse also not to have this freedom.
SO
During the 5 yr ch13 period, can we ( my spouse) contact the bank and try to settle this acct somehow? Perhaps look at what the amt I would be giving to the bank under the ch13 plan after the plan is finished ( not very much), then making some sort of arrangement of more monies from my spouse to the bank -- IN other words, a form of debt settlement?
BIGGER IMPLIED QUESTION here: during the course of the 5 yrs in ch13, to what extent can either the CH13 filer or the spouse make arrangements with creditors that are outside of the payment terms of the ch 13 ? We have one other credit card that is joint too , but in this case, there would be no adverse consequences as there wd be w/ the overdraft line of credit.
DETAILS : am considering filing Ch13 ( WITH AN ATTNY, of course), and one of the debts is a 2.1k overdraft line of credit in a joint checking acct held w/ my spouse. I wd file ch13 and not spouse. But the problem is that I fear that spouse wd not be able to open a bank acct for 5 yrs due to the nonpayment of this acct according to its original terms, a demerit in the Banking Industry's Telechecks system ( this is what I was told by two bankers). I understand and accept that I wd not be able to open bank accts for 5 yrs in this case, but it is undesirable for my spouse also not to have this freedom.
SO
During the 5 yr ch13 period, can we ( my spouse) contact the bank and try to settle this acct somehow? Perhaps look at what the amt I would be giving to the bank under the ch13 plan after the plan is finished ( not very much), then making some sort of arrangement of more monies from my spouse to the bank -- IN other words, a form of debt settlement?
BIGGER IMPLIED QUESTION here: during the course of the 5 yrs in ch13, to what extent can either the CH13 filer or the spouse make arrangements with creditors that are outside of the payment terms of the ch 13 ? We have one other credit card that is joint too , but in this case, there would be no adverse consequences as there wd be w/ the overdraft line of credit.
