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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 12-09-2004, 01:18 PM
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using credit cards after discharge


What is the name of your state?tx
After ch7 is discharged, can I use credit cards that I did not include on my filing? One card is still open and is from one of creditors whose second card was listed on filing. I mean I had two cards from same creditor, I included one on Ch7 only and the one that I did not include did not have any balances on it.
  #2  
Old 12-09-2004, 02:05 PM
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Technically there is nothing stopping you from using the card, BUT be aware that the creditor could close this account at any time and demand payment in full. Some creditors do this after they learn of your BK filing.
  #3  
Old 12-09-2004, 03:00 PM
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Wow... how did you get away with that!? I had the same issue - one card had been paid, one had a balance - I had no choice but to put them both on the petition, zero balance or not. All credit accounts, by law, must be reported on your petition and matrix list of creditors. Otherwise it's considered fraud. Gee, I hope you didn't pay for a lawyer's advice on that one. You were duped if you did. Once these creditors that hold the open accounts find out you've claimed bankruptcy, they have every right to close your account - your credit just changed drastically and not in the direction you need for good credit (at least not now - it will improve over time). As for the discharge - you were lucky and slid through.
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  #4  
Old 12-09-2004, 03:25 PM
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Shoud I immediately close those acc****s now or keep them but don't use them?
  #5  
Old 12-09-2004, 03:27 PM
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Keep them. Just don't use them for a while. See if they close them or not. You don't want to close them if you can avoid it.
  #6  
Old 12-09-2004, 03:31 PM
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I still don't understand why the creditor has still kept my account open that I did not list on the filing. May be they are waiting for me to use that card and take action on it? I really don't want to get into trouble at this point as I am very broke and living hand to mouth. Can they transfer the balances to this account from other account that I included in ch7? Can I apply for new cards/loans?
  #7  
Old 12-09-2004, 04:20 PM
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Is it a credit union issued card? Sometimes credit unions use cross-collateralization to do just what you suggested (transfer balances).

You can attempt to open new lines of credit once your BK is discharged.
  #8  
Old 12-09-2004, 10:28 PM
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If there was a $0 balance when you filed you need not list it as at that point they are not a creditor as you owe them no money. The issuing credit card company does have the option as stated above to close the account if/when they find out you had filed bk, the choice is yours. Use the card if you want, keep it and don’t use it, those would be your best choices to help rebuild your credit afterward the bk.
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