If a bank sends a preappoval offer and you open a credit card that you once owed money too and it was included in a chapter 7. Can they still charge the card and try to recoup any money that they didnt get at the repossession.
The final order entered by the Bankruptcy Court in a Chapter 7 bankruptcy discharges (wipes out) most debts. There are some exceptions, including most tax debt, child support, most divorce obligations, and some other specific exceptions. Unless a debt falls within the limited exceptions, or unless you signed a reaffirmation agreement, the debt is fully discharged, and the creditor can take no actions to attempt to collect it.
A reaffirmation agreement is a written document under which you agree that a particular debt, or some portion thereof, is not discharged. Reaffirmations are normally used for secured debts such as a car loan. When you reaffirm the debt, the lender has assurance that you will continue to be legally responsible for the payments, and you get to keep the collateral.
If a creditor is attempting to collect a debt that you think was discharged in your bankruptcy case, the first step is to contact your bankruptcy attorney. He/she will review your case to see if the debt was discharged. If so, he/she will contact the creditor and insist that all attempts to collect cease immediately. If the creditor persists, you attorney can ask the court to reopen your case so that the court can take whatever action is necessary to enforce your discharge.
MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA. WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY, DISABILITY AND WORKERS COMPENSATION CASES. VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.
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