It's come to my attention that some of your previous creditors may try to reoffer you credit, with clauses in the fine print that reaffirms your old discharged debt to them.Be extremely careful and read and understand exactly what you are signing. Suggest you consult a lawyer if you have ANY doubts. PLEASE, be safe and not sorry.
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Appreciate the warning. Hope you found this out by word of mouth and not experience. (Plus that might be a company lightening works at..... Ya think????)
I'll be watching, you may never know when or how, but I'll be there. I am there now....
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very good warning. thanks.Im not an attorney or a trustee. You cant trust me either though!
[x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
[x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
[x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
[x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!
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Thanks, I have been receiving offers and just placing them in file 13. Not even willing to look at any offers at this time.Discharged 2/27/06, closed 6/1/06
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Yes, and this has hit National News....
Credit card companies are now re-issuing credit cards to bankruptcy clients..... higher interest rate....
Catch 22 - THEY KNOW YOU CANNOT CLAIM BK AGAIN!!!
So beware of the TRAP....
Have one card only to help build credit score and use for emergency only. Charge no more than you can pay off in 30 days.... MAKE THEIR CARD WORK FOR YOU......Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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yikes ... thanks for the info. I did just get a couple offers from one of my old companies and thought, what dummies. I just filed bk with you! Didn't think that I was the one that could have got it.Comment
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How about this wrinkle. One of your creditors that you discharged during a BK buys the credit card company you currently have a card with. They send a message in fine print that your current company will become your old discharged company on the 1st of the year. The old company has a clause about reaffirming old discharged debt. You don't pay attention to the little notice and all of the sudden on the 1st of the year your discharged debt has been reaffirmed!Comment
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Danger MINEFIELD
It's a potential minefield out there. Tread carefully, because they ARE out to get you.Comment
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bkfiler throws his old credit cards down on the ground and yells....
"WORK FOR ME! WORK! WORK! HYYYAAAA! WORK FOR ME NOW!"
minny, they aint doing anything yet! what am i missing?
Im not an attorney or a trustee. You cant trust me either though!
[x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
[x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
[x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
[x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!
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This sort of puzzles me. If the debt was taken away during Bankruptcy, and the creditor is discharged. Then wouldn't it seem that this would be illegal for the CC company to get the debt back?
I mean, that reaffirmation should only occur BEFORE the BK is discharged...
I think this method will wind up in court before long....But until then, keep thy tuchas covered my friends...
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its just a matter of crossed paths. they will clear it up. the OP wont owe it.Im not an attorney or a trustee. You cant trust me either though!
[x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
[x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
[x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
[x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!
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I think the issue is not that they're reaffirming the debt-that isn't possible since it is after discharge. But-if they stipulated that by getting the card, you're agreeing to allow a charge of $X to be placed on the new account, they can get around that. I imagine it would be like agreeing to an extra large processing fee.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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In Massachusetts such actions may be considered a violation of 93A which is unfair and deceptive trade practice, most states have these statues. Anyway the creditor usually needs to obtain permission for the court for you to enter into a reaffirmation agreement. One my also that they violated the discharge for attempting to collect debt that has been discharged. Creditors are so vicous no wonder so many people file bankrtupcy.Comment
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Wow. Thanks for that warning, I can only imagine how quickly I would have been scammed by that otherwise.I'm not a lawyer or legal expert, just offering advice on what I may have gone through and/or have knowledge of. Good luck!
341-done
Last date for objections: 02/21/06 - done
Discharged: 02/24/06
Case closed: 3/8/06Comment
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Any attempt to collection a debt which has been discharge is a violation of the discharge and those immoral creditors can end up paying your attorney fees and damages and sanctions if the Court awards such. It if it a computer generated letter just one call informing them you intend to take action against them if they contact you again usually puts a stop to any further collection.Comment
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