CC with Son's name

[littlemuffin]

I am filing bk this week.

4 or 5 years ago chase sent me a disney card pre-approval with my son's name on it. I wanted the card and I applied but used my name on the application and my information. When the card was received it had my son's name on it. I never thought I'd ever file bankruptcy - famous last words- so i just used it for booking Disney trips. Then I got desperate a couple of years ago and did a balance transfer.

My concern is that I told my lawyer and it was included on my matrix even though it doesn't show up on my credit reports.

How can this possibly be discharged? I don't care. I'd rather keep paying the small amount to keep it from maybe looking bad on my son.

Any ideas????

Thanks

[brokejoker]

How old is your son? I'm not for sure but if he is underage you may be able to discharge it with some fancy legal footwork. If he is over 18 then I don't think you could discharge his debt at all. Since I guess legally you owe him the money then you could discharge your debt to your son but he would still be responsible for paying ot back to the creditor.

[tcreegan]

Hi littlemuffin,

and I applied but used my name on the application and my information. ....this is the answer, you are the actual cardholder. It gets discharged along w/ your other cc debt.

Minor children aren't liable for debts incurred by a parent as they can't enter into a legally binding contract.

Now if your son was 18 or over, the only way he would be liable for the debt would be if the acct is a joint acct, to be a joint acct his information would have been on the application and he signed it (when over 18)

Throw it into the BK and relax,

Tom in Colo

[Flamingo]

If it doesn't show up on your credit reports it is showing up on your son's credit report since his name is on it....you don't state how old your son is but you had better check all that out before you include this card in your filing. Did you use your SS# or your son's? Hopefully the creditor will not come after you for fraud.

[littlemuffin]

I would just as soon keep paying it as take a chance of being charged with fraud. I don't have a copy of the application which was 4 or more years ago. He is underage but the fraud issue scares me.

It is listed on my matrix as Chase. If they connect the dots fine, if not I'll keep paying it.

Does that sound okay?

[Pandora]

Bigger question I'd have is what reason are you going to give as to why you signed for a card issued to a minor and approved for? Fancy legal footwork or not, I think its going to be an issue no matter which way it goes unfortunately because the card was issued to your son underaged, you signed the application and used the card. As Flamingo stated, you may be hit with fraud charges because legally, a minor is not responsible for debts incurred.

Ask your attorney and be truthful in how it was obtained.

[littlemuffin]

If you will carefully read my thread, the card application came to my house in my son's name. I filled out the application in my name and social. For whatever reason, the card arrived still in his name. I made contact once and it was never cleared up. Fast forward 5 years and I'm in this mess. I never meant to commit fraud. I will pay the bill because I know it is a problem. I have not quit paying the bill.

[Pandora]

If you will carefully read my thread, the card application came to my house in my son's name. I filled out the application in my name and social. For whatever reason, the card arrived still in his name. I made contact once and it was never cleared up. Fast forward 5 years and I'm in this mess. I never meant to commit fraud. I will pay the bill because I know it is a problem. I have not quit paying the bill.

No one said you committed fraud, calm down . Looking at it from a creditors standpoint - they could say you committed fraud is where that comes in, not people on here saying you did. It may not matter that you made contact and it wasnt cleared up, what they may view it as is you knew the card wasnt in your name, was issued to a minor, yet you used the card anyway, regardless that you provided your information on the application.

That may be where issues arise, which is why you need to discuss with your attorney what possibly could happen (worst case scenario). It may just be that you cannot discharge the debt - but you need to ask if the credit card company could go after you for fraud due to the minor issue.

Again, no one on here is saying you committed fraud, just looking at the other side of the stadium so to speak.

[littlemuffin]

Sorry :-)). Sometimes this process just gets the best of me and my nerves.

I have talked about it to my attorney and he sees it as no big deal.

I just think it could send up the same red flags that have been mentioned here. I hope not. I really had no bad intentions.

[DebtHater]

Realistically, once you made the attempts to clear up the discrepancies and failed, you should have at a minimum closed the account. Using a card that is not in your name is not the best idea. Of course this is in hindsight as hindsight is 20-20.

[littlemuffin]

Your right hindsight is 20/20. I never used it until we went on vacation and capital one chose that exact time to cut my limit from $15000 to $3400 without my knowledge. So I used that card because it was the only one I had with me and it just escalated from there. I think most of us are familiar with these problems.

I would be fine with just paying it but my attorney seemed to think it was no big deal. I'm still not convinced it will be included since it doesn't show up on my credit report and even though Chase is listed on my matrix, it isn't associated with an account number and apparently not with my social. I hope it just continues to exist and I can pay it off after a year or so and be done with it.

[tcreegan]

Hi littlemuffin,

my attorney seemed to think it was no big deal. ....because it isn't a big deal.

..not convinced it will be included since it doesn't show up on my credit report and even though Chase is listed on my matrix ...the only use of the credit report in a BK is to find debts you might have forgotten. The BK court is not going to look at your credit report, what is/isn't on the report makes no difference to the BK. What does make a difference is what is on your creditors matrix. On the matrix, in the BK, out the door...

I hope it just continues to exist and I can pay it off after a year or so and be done with it. ....goodness gracious, why on earth would you do that? You have an attorney, tell him/her you are worried and to make sure it gets discharged. End of Story.

For this thread I have to resort to the bard himself.. "Much Ado About Nothing"

Tom in Colo

[littlemuffin]

Tom if there wasn't so much difference between where I live and you live, I'd ask you to be my lawyer. You have such a wonderful attitude without all the worry.

I'm just going to listen to you and my attorney and let things take their course.

Thanks
Kathy

[dumpinmydebt]

I think it needs to be determined whose SS# is linked to the account. If it's your son's then it will forever remain on your son's credit report and it will not be discharged (though your obligation may legally be.)

Is there any way you can call the creditor? Just call to inquire on the account. You know, they usually ask you to verify the last four numbers of the account holder's social, then if you give them your last 4 and they say it does not match, give them your son's, and you will know.

Just remember that most people are here are not judging you, they are just trying to give you the point of view of those on the dark side. We try to play devil's advocate that way you aren't blindsided by something. We want you to be prepared for anything, even if it's something you may not want to hear.

[keepmine]

You need to pull your sons credit report and see if the card is listed.