can a creditor still collect?

[lynn1321]

What is the name of your state (only U.S. law)? Arizona.
I was wondering if anyone can help me?
We just opened a checking account with Chase bank and they took almost $500 out of the account for a debt they say was not paid back in 2004?
We filed for bankruptcy in 2004 and did not list them because they were not a creditor at the time. This is from a old checking account that was frozen at the time. They say for over draft charges? What is the kicker is that Chase was not even the bank it was Bank One and then WAMU after that so it was not even a Chase account. I didnt even know that we owed them money? Any advice would be helpful. Thanks

 

[Antigone*]

What is the name of your state (only U.S. law)? Arizona.
I was wondering if anyone can help me?
We just opened a checking account with Chase bank and they took almost $500 out of the account for a debt they say was not paid back in 2004?
We filed for bankruptcy in 2004 and did not list them because they were not a creditor at the time. This is from a old checking account that was frozen at the time. They say for over draft charges? What is the kicker is that Chase was not even the bank it was Bank One and then WAMU after that so it was not even a Chase account. I didnt even know that we owed them money? Any advice would be helpful. Thanks

It is called the right of setoff and is perfectly legal, especially since you did not include them in the BK. You agreed to this when you opened your account with Chase.

 

[bigun]

Did you list Bank One or Wamu as a creditor when you filed?
If so, that debt was properly discharged and Chase has no business trying to collect. Contact the lawyer who handled your bk.

 

[Antigone*]

Did you list Bank One or Wamu as a creditor when you filed?
If so, that debt was properly discharged and Chase has no business trying to collect. Contact the lawyer who handled your bk.

Bigun,

We filed for bankruptcy in 2004 and did not list them because they were not a creditor at the time.

It appears to me that the OP is SOL

 

[bigun]

I'm trying to figure out who "them" is. They've listed 3 banks. If they did list the bank that was a creditor at the time of filing, that debt was discharged.

 

[Antigone*]

I'm trying to figure out who "them" is. They've listed 3 banks. If they did list the bank that was a creditor at the time of filing, that debt was discharged.

Gotcha

 

[efflandt]

If whichever bank was not a creditor at the time of bankruptcy (the debt happened after bk?), it would not have been covered by the bk anyway.

I never heard of WaMu ever buying any part of BankOne (I had accounts at both). But Chase bought both of them, so it really does not matter which of those banks it was.

 

[PO'dGranny]

Sol?

Sorry, I'm not a lawyer, but wouldn't the debt be out of SOL anyway? And could Chase reaffirm the debt when the debt wasn't owed to them to begin with? Unless they actually purchased the original debt it doesn't seem like they could take the funds on which the Statute of Limitations had already expired..... just a thought, it's late....