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carolina98
Posts: 90
Registered: ‎11-12-2010

Cap One cancelled Orchard card due to past BK

Capital One bought Orchard and it closed my credit card account rather than issue me a Capital One card because I had included Capital One in my 2011 BK.  I was discharged with BK 7 in May 2011 and Capital One ($550) was among my discharged accounts. I've had my Orchard card since Feb 2011 and was never late on the card. It had a zero balance when Cap One closed it in August 2013.

 

My Equifax credit score is 693. 

 

Anyone else finding that Cap One is closing Orchard accounts due to past BK that included Cap One?

 

 

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Senior Contributor
StartingOver10
Posts: 3,829
Registered: ‎03-06-2010

Re: Cap One cancelled Orchard card due to past BK


carolina98 wrote:

Capital One bought Orchard and it closed my credit card account rather than issue me a Capital One card because I had included Capital One in my 2011 BK.  I was discharged with BK 7 in May 2011 and Capital One ($550) was among my discharged accounts. I've had my Orchard card since Feb 2011 and was never late on the card. It had a zero balance when Cap One closed it in August 2013.

 

My Equifax credit score is 693. 

 

Anyone else finding that Cap One is closing Orchard accounts due to past BK that included Cap One?

 

 


From your post, it looks like you obtained an Orchard card in Feb 2011 and then you filed bankruptcy in May 2011.

Even though you had a zero balance at the time of your BK filing, the creditor may/will close your account strictly due to filing BK.

 

That's why we tell you to close all of your zero balance accounts prior to actually filing BK. That way those accounts aren't negatively impacted by the BK.

Established Contributor
SoulMaster
Posts: 981
Registered: ‎11-08-2011

Re: Cap One cancelled Orchard card due to past BK



From your post, it looks like you obtained an Orchard card in Feb 2011 and then you filed bankruptcy in May 2011.

Even though you had a zero balance at the time of your BK filing, the creditor may/will close your account strictly due to filing BK.

 

That's why we tell you to close all of your zero balance accounts prior to actually filing BK. That way those accounts aren't negatively impacted by the BK.


This!  Exactly This!

 

It doesn't matter much, though, you probably just got picked off by an automated system as C1 keeps churning through the accounts and closing off as many as they can.  My guess is that if you did the C1 preapproval thing, you'd be preapproved for a brand new C1 card.

 

Theoretically, your attorney filed the paperwork wrong if he didn't include the Orchard Card.  Regardless of 0 balance at the time of filing, ALL availible/open tradelines should be included in the schedules.  The problem is if you have a 0 balance on a card when you file, and use it AT ALL before the discharge, it's bankruptcy fraud that the attorney set you up for so you both go to jail!  Woohoo!

 

-SM

I am not an attorney and none of what I write should be construed as legal advice. For legal advice please consult an attorney.

Starting Score: ~470 preBK(8/2010)
Current Scores as of 3/15/14 All 700+. Last CR pull from a lender(housing) was mid-score 729.
Goal Score: 700+ - reached.
New Member
Daisy8118
Posts: 1
Registered: ‎04-10-2013

Re: Cap One cancelled Orchard card due to past BK

This happened to me as well. I had opened orchard card in 2010 and had never used it (honestly forgot I had it). I filled chapter 7 in april of 2012. I recently started using the orchard card again and paid it off each month, and then this month I got a notice that capital one had closed the account because it was included in bankruptcy. It dropped my score from 616 to 587 :smileysad: 

Frequent Contributor
ScoreBooster
Posts: 457
Registered: ‎05-30-2008

Re: Cap One cancelled Orchard card due to past BK


StartingOver10 wrote:

carolina98 wrote:

Capital One bought Orchard and it closed my credit card account rather than issue me a Capital One card because I had included Capital One in my 2011 BK.  I was discharged with BK 7 in May 2011 and Capital One ($550) was among my discharged accounts. I've had my Orchard card since Feb 2011 and was never late on the card. It had a zero balance when Cap One closed it in August 2013.

 

My Equifax credit score is 693. 

 

Anyone else finding that Cap One is closing Orchard accounts due to past BK that included Cap One?

 

 


From your post, it looks like you obtained an Orchard card in Feb 2011 and then you filed bankruptcy in May 2011.

Even though you had a zero balance at the time of your BK filing, the creditor may/will close your account strictly due to filing BK.

 

That's why we tell you to close all of your zero balance accounts prior to actually filing BK. That way those accounts aren't negatively impacted by the BK.


I have to disagree with the statement in bold. There is no advantage in closing $0-balance accounts prior to filing. The opposite is true because you are voluntarily giving up the slim chance that the account survives the BK - and that happens. I have two accounts that survived my BK with a $0-balance.

 

So why would you close a $0-balance account prior to filing?

Frequent Contributor
ScoreBooster
Posts: 457
Registered: ‎05-30-2008

Re: Cap One cancelled Orchard card due to past BK

[ Edited ]

SoulMaster wrote:


From your post, it looks like you obtained an Orchard card in Feb 2011 and then you filed bankruptcy in May 2011.

Even though you had a zero balance at the time of your BK filing, the creditor may/will close your account strictly due to filing BK.

 

That's why we tell you to close all of your zero balance accounts prior to actually filing BK. That way those accounts aren't negatively impacted by the BK.


 

 

Theoretically, your attorney filed the paperwork wrong if he didn't include the Orchard Card.  Regardless of 0 balance at the time of filing, ALL availible/open tradelines should be included in the schedules.  The problem is if you have a 0 balance on a card when you file, and use it AT ALL before the discharge, it's bankruptcy fraud that the attorney set you up for so you both go to jail!  Woohoo!

 

-SM


All I can say is WOW

 

First of all, the attorney didn't make any mistake. The BK-schedules list assets and liabilities - not accounts. An account with a $0-balance is neither a liability nor an asset - and that's why it was 100% accurate to leave it off the schedules. While many attorneys advise their clients to list their $0-balance accounts, it certainly isn't obligatory. In fact, listing it is technically incorrect due to what I just explained (neither asset nor liability) because there is no section in the BK-paperwork where you could accurately list an account with a $0-balance in the first place.

 

In addition to that, you should be very careful with terms like "fraud" and "jail" - especially in this scenario because your claim is flat out wrong. Using a CC post filing that had a $0-balance at filing is absolutely legal. As I explained before, the account is not subject to the BK and any debt obtained AFTER filing is not dischargeable in the first place. You are liable for any debt obtained AFTER you filed for BK - and this CC-scenario is no exeption.

 

"Bankruptcy fraud" is is a white-collar crime that takes four general forms. First, debtors conceal assets to avoid having to forfeit them. Second, individuals intentionally file false or incomplete forms. Third, individuals sometimes file multiple times using either false information or real information in several states. The fourth kind of bankruptcy fraud involves bribing a court-appointed trustee. Commonly, the criminal will couple one of these forms of fraud with another crime, such as identity theft, mortgage fraud, money laundering, and public corruption.

 

http://www.law.cornell.edu/wex/bankruptcy_fraud

 

Using your own CC that isn't even part of your BK is everything but BK-fraud.

 

Unbelievable....:smileyfrustrated:


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