Legal Question in Bankruptcy in California

I did not include a bank in my petition. Now they have closed my account. How can I have them open it again?


Asked on 7/29/13, 1:01 pm

1 Answer from Attorneys

Peter Lago Peter L. Lago, Atty at Law

I don't know where you are, but in the Central District of CA (Santa Barbara south to Los Angeles, Orange, Riverside & San Bernardino Counties) the rule is that if yours is a "no-asset" case (the trustee is not selling any of your assets to pay creditors), the fact that you inadvertently omitted a creditor does not render the debt "undischarged"... so the debt would be discharged along with the other listed debts. The bank rightfully closed your line of credit and would have listed the debt "discharged in BK" in your credit reports. As for opening the account again, that would be unlikely, especially if the case is closed. But why would you want to "buy" that account for the amount you owed them when it is now "0"? Even if they did, they would probably reduce the credit limit to just slightly above your balance. You should be able to find another bank to give you a credit card (secured or unsecured) post-bankruptcy... search around. Just be careful about the terms and conditions.

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Answered on 8/23/13, 11:09 pm


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