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Open credit cards when starting chapter 7 case

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    Open credit cards when starting chapter 7 case

    Is having open credit cards at the time of starting a chapter 7 case a red flag of some kind to the trustee? Should I close all accounts before filing if I decide to file?

    #2
    You do not have to close them. The only red flag, is if you've been using them alot, just before filing.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Once you file, the CC cards will be closed by the creditor, don't worry. Also as 'Justbroke" stated, when was last use? Ideal is 90 or more ago. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        If you have a zero balance, you might consider closing them rather than having them closed iib (included in bankruptcy).
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          Originally posted by StartingOver08 View Post
          If you have a zero balance, you might consider closing them rather than having them closed iib (included in bankruptcy).
          Can a $0 balance account even be reported as IIB?
          Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
          FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
          FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

          Comment


            #6
            Yes it can. Once you file the larger companies subscribe to a BK service to compare to their database and they will scrub their accounts against the filings.

            Its a shame, because you don't owe any $$ - but then the account was closed due to BK rather than 'closed by consumer'.
            Filed CH 7 9/30/2008
            Discharged Jan 5, 2009! Closed Jan 18, 2009

            I am not an attorney. None of my advice is legal advice in any way..

            Comment


              #7
              Originally posted by IBroke View Post
              Can a $0 balance account even be reported as IIB?
              Probably, if they close the account because of the Bankruptcy. This is all speculation of course. My Report reads everything from "Included In Bankruptcy" to "Paid" to "Wage Earner Plan" to "Pays as agreed".

              Generally, an already closed account, won't get any IIB (or similar) designation. An open account that had a $0 balance... questionable.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment


                #8
                Originally posted by justbroke View Post
                Probably, if they close the account because of the Bankruptcy. This is all speculation of course. My Report reads everything from "Included In Bankruptcy" to "Paid" to "Wage Earner Plan" to "Pays as agreed".

                Generally, an already closed account, won't get any IIB (or similar) designation. An open account that had a $0 balance... questionable.
                I'm curious because if it has a zero balance, you are not required to list it.
                They are certainly allowed to close it due to BK, but I'm not sure if it's correct to "label" an account as IIB if in fact, it WASN'T part of your BK.

                Although in a chapter 7, all your debt is automatically discharged - if listed or not - this isn't the case here either - since it was no debt.

                I know for sure that I would dispute such a remark because it's simple not accurate.
                Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                Comment


                  #9
                  Originally posted by StartingOver08 View Post
                  Yes it can. Once you file the larger companies subscribe to a BK service to compare to their database and they will scrub their accounts against the filings.

                  Its a shame, because you don't owe any $$ - but then the account was closed due to BK rather than 'closed by consumer'.
                  That's right - but there is adifference between "due to BK" and IIB.

                  Sure, they can close it. But IMO, I, as a consumer, have to right to accurate reporting. And and account that was not part of BK should not be reported as such - no matter what database they are using.
                  Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                  FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                  FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                  Comment


                    #10
                    Originally posted by IBroke View Post
                    I know for sure that I would dispute such a remark because it's simple not accurate.
                    Which is why you need to go clean up your credit report, anyhow, after being discharged and closed!!! There are just too many mistakes after having filed Bankruptcy.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog

                    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                    Comment


                      #11
                      I understand what you are saying IBroke - it might be a difficult thing to change as although the balance was zero at the time of filing, the cause of the closing of the account was the BK filing.

                      I am not trying to be difficult - I just don't know how you could differenciate it with the CRA or the OC....????
                      Filed CH 7 9/30/2008
                      Discharged Jan 5, 2009! Closed Jan 18, 2009

                      I am not an attorney. None of my advice is legal advice in any way..

                      Comment


                        #12
                        Originally posted by StartingOver08 View Post
                        I understand what you are saying IBroke - it might be a difficult thing to change as although the balance was zero at the time of filing, the cause of the closing of the account was the BK filing.

                        I am not trying to be difficult - I just don't know how you could differenciate it with the CRA or the OC....????
                        That's not that difficult - It's just the difference between "closed due to BK" (a CHOICE the creditor made) and "IIB" (a legal term and fact). If it wasn't IIB, they shouldn't report it as such.

                        "Closed by creditor" would be the correct remark.

                        If they claim IIB, they should be able to show proof of that (how much was discharged etc.).

                        I can show the CRA that this creditor doesn't show up on my schedules and my balance was $0 at filing. You simply can't include a $0 balance in a BK - how should that work? How do you discharge a $0 debt? Where do you list it?
                        Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                        FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                        FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                        Comment


                          #13
                          Originally posted by justbroke View Post
                          Which is why you need to go clean up your credit report, anyhow, after being discharged and closed!!! There are just too many mistakes after having filed Bankruptcy.
                          Now that's for sure..
                          Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                          FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                          FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                          Comment

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