Question About Supposed Discharged Debt

[sutliffhl21]

What is the name of your state? Pa

My BK was previously discharged recently. One of the accounts that have not been reported to the CRA's as discharged is a bank that I had a credit card through. That card is from 2001 and had a credit limit of 500 dollars. One of the reason that I filed BK was because of mismanaging finances, and I overdrew my checking accounts several times. Some of the checks that I wrote to the bank for the credit card debt bounced several times, thus, pushing me close to 3 times my limit. My question is....eventhough the debt was discharged...can they come after me criminally for the balance, or does the BK take that right away from them? Should I pay the debt?

 

[Ladynred]

.can they come after me criminally for the balance, or does the BK take that right away from them?

Criminally ?? For what ? Did you include the NSF fees to the bank in your bankruptcy ?? Your discharge prevents anyone from ever attempting to collect on a discharged debt.

Should I pay the debt?

It is your right to voluntarily pay any discharged debt, but its not going to get you anything at all. Paying won't help your credit and it won't put in into the good graces of the bank.

 

[sutliffhl21]

Well, I overdrew my bank account so quick, the bank had closed my account before the bank could cash them for the credit cards. So, thre were several of them that bounced "account closed". No, my BK was set to be discharged on 5/3..but I'm worried if they still could try to come after me and push the "account closed" issue. Or dont they have a leg to stand on?

 

[Ladynred]

If you're scheduled for discharge 4 days ago, and no objections have been filed by now, you're home free. They can do NOTHING to collect after you get that discharge in your hands.

 

[sutliffhl21]

well, the only thing that worris me is that I kept using the card, under the assumption that it was being paid off. Thats why a card that had a $500 credit limit managed to get over $2500. I just dont want this to bite me. Its weird, the bank havent even updated the trade-line to show IIB, it still says charged off. Does it usually take a bank long to discharge it if they were going to?

 

[sutliffhl21]

Well, heres the thing...My checking acct got closed during this whole mess, and Some of the checks came back as account closed. And I used the card in the meantime. Now, the debt has already been discharged, so am I free and clear? I would think that they would have to contest the BK in order for anything to happen, right?

Now, if I decide to pay it, since its in BK, will the ban krefuse my payment and still want to press charges for the checks, or if I'm willing to pay it, will they just take the payment and close it out? PLease help

 

[Ladynred]

They cannot come after you for ANYTHING having to do with that debt. If you had a checking account with the SAME bank, if there's any money in it, the bank has a right of set-off to take that money and apply it to your credit card debt. Thats ALL they can do. The bank CAN choose to refuse your payments, but they will probably TAKE your money, gladly, but don't expect them to leave your checking account open.

As for debt that's not reporting as 'included in bankruptcy', some banks, like BankOne/FUSA and apparently now Citibank will refuse to report the bankruptcy and will insist they don't have to - leaving your credit report with what LOOKS like a collectible bad debt.

 

[sutliffhl21]

they cant come after me even though there were several checks that bounced as "account closed", and for very large amounts, and even though the card was used within 2 weeks of the check bouncing? I'm just concerned because it looks very bad and they could probably say it was fraud even though it wasnt intended to be that. It was discharged on 5/3, so we'll see what happens. (I havent got the discharge papers but the date was supposed to be 5/3).

 

[Ladynred]

NO ! They cannot come after you for ANYTHING on a discharged debt. They can NOT object to a damn thing any more, your case has been discharged, its over, nothing they can do.

DID you include the bounced checks to that bank in your bankruptcy ???

 

[sutliffhl21]

well, heres what happend. I had a credit card through the bank. I wrote a couple checks to pay off the whole 500$ credit limit. In the meantime, the check bounced and the balance then ended up being 1000$. So, ok...I wrote the check again to cover the whole balance, and that one bounced..."account closed". The balance ended up reaching 2500 bucks. My concern is that if they are going to screm about the bankruptcy, could they push the bad check issue if they discharge it? Its not an issue of just 1 or 2 nsf fees..in fact it was account closed that was the issue.

 

[Ladynred]

I'm sorry, I fail to see what your problem is. The debt is alreay DISCHARGED, they can NOT object to anything NOW - its OVER, done, finito !

If your check for $500 bounced, why on EARTH would you write another check for TWICE that amount ???

If you did NOT include the negative balance in the closed checking account in your bankruptcy, they MIGHT try to collect saying they weren't included - but they were - for the credit card. If they wanted to prosecute you for writing bad checks, they would have done it before now.