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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Can a $13,000.00 overdraft, caused by a scam artist talking

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Can a $13,000.00 overdraft, caused by a scam artist talking a person into depositing funds into their account and having them withdraw the money and send it to designated persons and then the Bank informing the person that the money wasn't really there, be discharged in bankruptcy (only because the bank won't accept small payments due to the person not having a job and not having very much income).
Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

The overdraft would be dischargeable in a bankruptcy proceeding. Section 523 of the Bankruptcy Code list the exceptions to discharge. A bank overdraft is dischargeable. You can read the Code at this link:

Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 5 years ago.
Hopefully this question is allowed also. The bank may file charges of fraud but there was no intent of fraud just stupidity on the part of the individual (not me). If they file fraud charges is the overdraft still dischargeable in bankruptcy or would we have to wait till the outcome of the fraud charges?

I can't pay any more for these questions so just let me know if I am not on the same subject matter in your opinion.
I am happy to answer your follow-up. In order to have the debt determined to be nondischargeable for fraud, the bank would need to file an adversary proceeding/separate lawsuit within the bankruptcy proceeding. They would then need to convince the court that the individual intended to cause the overdraft. It does not appear to me that the person has committed fraud
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