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Credit Card offers to reaffirm debt discharged in bankruptcy

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    Credit Card offers to reaffirm debt discharged in bankruptcy

    I heard that sometimes this happens without the consumer knowing it; that it's in fine print on a credit card agreement with bank that was included with your bankruptcy. So you think you are getting a new credit line but in fact you are signing to agree to pay them back the money you discharged in the bankruptcy.

    Even though it may be all there in the fine print, I can't see how this could be legal. It sounds like they are just "getting over" on the debtor, and if it happened to me I would sue them. Sounds like - if this does happen - it's a situation begging for a class action suit.

    I'm curious: have you heard about the above scenario? Does it really happen? What banks are doing this?

    I can see them asking you if you WANT to do it, as you describe in your post. That's not so bad. But to do it in the underhanded way I am describing above seems like it oughtta be illegal. No?
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

    #2
    Pa, the thing about reaffs is that once you sign them, that's it. It *became* legal because it is now a new loan. I read on one of those collections sites (support group for beleaguered and misunderstood collections agents, *pfft*) at least one post by a creditor atty that recommends dodging debtor legal actions by getting them to sign a promissory note or some other agreement, which then makes it an entirely new debt, NOT subject to legal action based on the old debt or hampered by BK law.

    Me, I'm kinda immune, because it'll be a cold day in hell before I have another credit card. There are just too many other options out there now to need one.
    Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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      #3
      I agree. CC companies are satans spawn. (Too bad we learned our lesson the hard way!) If our 7 goes through, we will NOT be reestablishing our credit that route.

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