Open account after BK

You can have accounts survive your bk if they weren't listed in your petition (because you didn't owe on it when you filed).

You can go ahead and use it. But it's a toss up I think on who will leave it open and who won't. I had 3 survive my bk, one closed my account because of the bk. Mervyns and Texaco left me alone and my accounts are still open and available.

You'll probably be fine with NM.

Newstdt

 

Actually, all debts, even those which are unreported are technically included in a BK, even if they are not listed in the BK schedule of debts.

Case law to support this: Beezley Vs. California Land Title Company, US Court of Appeals for the Ninth Circuit, Case Number 91-55809. You can look up the case on the internet for details.

 

All I know is my lawyer told me to only list creditors "you owe at the time you file". I've also read this on many bk websites. Perhaps it's by state, I don't know, just saying what I was told and what I've read.

My two open accounts that survived still reflect as "open/paid as agreed" on my credit reports with current info showing for balance etc. They don't say "included in bk" and I've been able to use them with no problems after discharge.

Just from my own experience.

Newstdt

 

It is perfectly legal to exclude accounts from BK that have a 0 balance.

As long as you do not use them until at least 60 days after final adjudication you are fine.

Do NOT advise any open account of our BK, you are NOT required to.

Some accoumnts will check your credit report from time to time for increases or renewals, depending on their internal rules, they may leave everything status quo, increase your interest, decrease your credit limit, or refuse to renew you.