QUESTION
Can a credit card company add what I owe to a previous bankruptcy?
Asked on May 21st, 2011 on Bankruptcy - California
More details to this question:
I owe 1,300 dollars on my credit cards and add up interest went up to 1,800 dollars. The credit card company added this amount to my bankruptcy files that I declared in 2005. It had been 6 years ago, can they do that? What is the consequences? Is it legal?
2 ANSWERS
No, they can't do that, and they likely violated the automatic stay of 11 USC 362 which subjects them to monetary sanctions in your favor if they contacted you regarding previously-discharged debt.
Answered on May 25th, 2011 at 10:45 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If the debt has already been discharged in bankruptcy, the credit card company is prohibited from collection of the principal amount or accrued interest. Write a letter informing them about the fact of the bankruptcy discharge on this debt.
Answered on May 25th, 2011 at 10:43 AM