Legal Question in Bankruptcy in California

Using a credit card for overdraft protection

A person has a balance on a mastercard of about $5500. The majority of this balance is for cash advances but about $1200 is from using the card as overdraft protection for a checking accouont. If this person filed bankruptcy, could the bank report the $1200 used for overdraft protection as "bad checks?" Would the debtor have to pay the $1200 to protect him or herself? Or is the $1200 considered just regular unsecured credit card debt like the rest of the balance.

Thanks.


Asked on 10/28/98, 12:10 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Using a credit card for overdraft protection

It is a regular unsecured debt.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 1/03/99, 10:46 pm


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