Ellen G
12-11-2003, 11:28 AM
Bret, maybe you canhelp me out with this one...
My BK 7 was filed thanksgiving week. Before that I applied for and
received a secured Visa card. Small acc't, only $500. I figured I
needed some type of plastic because I am going away next weekend and
needed it to get a hotel room. Anyhow....
I tried to use it andit's denied. Call the bank and was told it was
included in the BK 7. How come? I didn't even have it when I gave the
list of debts to my attorney. It has a $50 dollar balance with $500
collateral but there is nothing I can do to free this thing up by next
weekend.
any ideas? and thanks
Ellen
Brett Weiss
12-12-2003, 01:47 PM
Ellen:
If it was a debt when you filed, even if not scheduled, it was still
discharged. If, OTOH, you obtained the credit after you filed, it was not
discharged, and the credit card company acted improperly.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
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* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
************************************************** ***************
"Ellen G" <EMG_217@comcast.net> wrote in message
news:bragjd$1a0r9$1@ID-195482.news.uni-berlin.de... Bret, maybe you canhelp me out with this one... My BK 7 was filed thanksgiving week. Before that I applied for and received a secured Visa card. Small acc't, only $500. I figured I needed some type of plastic because I am going away next weekend and needed it to get a hotel room. Anyhow.... I tried to use it andit's denied. Call the bank and was told it was included in the BK 7. How come? I didn't even have it when I gave the list of debts to my attorney. It has a $50 dollar balance with $500 collateral but there is nothing I can do to free this thing up by next weekend. any ideas? and thanks Ellen
Peter Murray
12-25-2003, 08:19 AM
Brett, Am I too understand correctly that even if not in the schedule ALL
debt before a 7 filing will be discharged?
Peter
Brett Weiss
12-26-2003, 09:27 AM
Depending on which state the case was filed in, yes.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
************************************************** ***************
"Peter Murray" <petermurray@earthlink.net> wrote in message
news:s6EGb.6068$lo3.3959@newsread2.news.pas.earthl ink.net... Brett, Am I too understand correctly that even if not in the schedule ALL debt before a 7 filing will be discharged? Peter