Can a credit card co. charge you late fees once you have filed bankruptcy.?

Question

I filed a chapter 7 bankruptcy but did not put 2 credit cards that I had purchased clothes on it. Both cards totaled only about $300. They continued to charge me late fees and penalties during my bankruptcy. They eventually charged off the amounts and put them on my credit report as charge offs, but now I have collections agencies constantly calling 3 and 4 times a day trying to collect on these accounts. Could the credit card company charge me late fees while I was going through my bankruptcy? How can they charge off a debt and then still try to collect.

The companies were notified that I was filing bankruptcy.

Answer 1

If you didn't file bankruptcy on these 2 cards, yes they can charge you fees. The only cards you don't have to make payments or pay fees on, are the debts that you filed on. Your lawyer should have informed you of this. Not filing on something while going through bankruptcy is called "reaffirm". The best thing for you to do now, would be work out payment arrangements with the collection agencies. Not all, but most will work it out, just so they can get their money. It's "charged off" because you didn't pay the debt to them. Creditors typically write off or charge off a debt if there has been no payment on the account for more than 180 days or six months. This does not, however, mean that the person no longer owes the debt. A charge-off is an accounting procedure for tax purposes used by the creditor where an uncollectable debt or charge-off is reported as a loss for the creditor. Now it's in the hands of collection agency. You're still responsible for this debt. Since you filed bankruptcy, your credit record looks bad enough....taking care of these 2 debts would be a big help toward rebuilding your credit.

Answer 2

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RE Can a credit card co. charge you late fees once you have filed bankruptcy.?

I filed a chapter 7 bankruptcy but did not put 2 credit cards that I had purchased clothes on it. Both cards totaled only about $300. They continued to charge me late fees and penalties during my bankruptcy. They eventually charged off the amounts and put them on my credit report as charge offs, but now I have collections agencies constantly calling 3 and 4 times a day trying to collect on these accounts. Could the credit card company charge me late fees while I was going through my bankruptcy? How can they charge off a debt and then still try to collect.

Answer 3

You need to add the credit cards to the list of creditors. Once you do the late fees will eliminated. If you received a discharge then the account can not be collected. Sometimes these accounts are sold so you need to provide proof of the discharge to the new purchaser of the debt who will then get a refund on the purchase of your debt. If your bankruptcy is closed you have to file a motion to reopen the case and include the two accounts.

Good Luck

Answer 4

Call credit card company and collection geeks give them the Bankruptcy case #, discharge date, and your attorney's name, and phone #.

If you get another call then call your attorney to file suit for contempt of a Federal Court order. There is a huge fine and you can come into some big money. Your attorney will be glad to do it on a contingency basis. He gets paid when you win!

They are neglegent anyway for not knowing you filed BK. They should have run a PACER or Credit report before they called you in the first place.

See what your attorney says!

Answer 5

Did you add the cc to your list of cc when you filed bankruptcy? If you did, it usually takes about 30 days for the cc company to do the change. If it is longer than 30 days, and they are still calling you etc, then you need to contact your lawyer, and get him involved. If you didn't, then you will continue to be dunned.

Answer 6

Pretty sure that until they agree to alter the original terms of your contract, they can keep charging you under those terms.

Answer 7

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http://credit-cards.ebookorama.com
and http://finance.ebookorama.com