I jumped the gun

[Pway]

The trustee may pull a current copy of your credit report. 

However, some have said that they have consulted with their attorney and it was okay to open up new lines of credit before d/c.

Sone have said it only applies to those in Chapter 13 bk.

You have opened the card now, move on with your life.  We were all just stating what could happen and what could not happen.

Feel free to ask any question you have.

[Anonymous]

No one is trying to bash you. Some are more blunt than others but we all want to help. The main thing to remember is the trustee is not there to help you. As already said his interest is for the creditors.

You may get lucky and if you don't activate it and don't use it then they may take awhile to report. Capital One took well over a month to report my last card from them. Of course the inquiries are still going to be there. Good luck.

[Anonymous]

My question is what legal basis could a bankruptcy discharge be denied for a hit on a credit report because my attorney thought it was fine.  I understand it may make a trustee unhappy to see credit being gotten and ran up, but what would the actual legal basis be?  I'll be honest, I was planning on applying for the secured card today because I need it for work to get rental cars and such and then when I saw the pre qual went for that.

[beezer32]

To speak of the legal basis on which a dismissal could occur, unsecured credit may be considered an asset. The trustee or the presiding judge may see your available credit as 'money that could be going towards paying off your Schedule F creditors' (CH7). Your obtaining new credit also runs parallel to the advice given in your pre (and post) required debt counseling courses. Not saying your doomed or anything but it's just never a great idea to incur new debt while your case is open. Nonetheless, its your case, retainer, court fees and possible dismissal (or discharge) and not ours. Whatever the result and your wishes, good luck with things. Hopefully everything works out for you. Truly..

[Anonymous]

I can't give any legal reasons why it could happen. I just speak from my own experience and from what I was told by my attorney. Maybe we have a lawyer on here somewhere.

[Anonymous]

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@Anonymous wrote:

My question is what legal basis could a bankruptcy discharge be denied for a hit on a credit report because my attorney thought it was fine.  I understand it may make a trustee unhappy to see credit being gotten and ran up, but what would the actual legal basis be?  I'll be honest, I was planning on applying for the secured card today because I need it for work to get rental cars and such and then when I saw the pre qual went for that.

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This was advice from your attorney? Then, I believe that is the person you need to be speaking to. I know nothing about BK and it's effects but read your posts and was interested in the replies. Until now, I didn't realize you were advised it was ok by your attorney.

[Anonymous]

Okay, I just talked to cap1.  It's too late to retract the application, but they can close the account so it reports open and closed together.  Thoughts?

[Anonymous]

I would talk to your bk attorney and see what he says.  Whats done is done but speak to them before doing anything else so you don't do something that could be worse.  

[incognitony]

I googled this and there are several lawyers that say it is fine 

You can apply for credit cards before you get the discharge but it is unlikely they will issue you a card prior
to discharge unless it.s a secured card.

You can apply anytime. You might want to make sure you only apply at several that are likely to grant to you as the more places you apply for, the worse your score is too. Good luck and that is great way to start rebuilding your credit. After your case is over, take the actions suggested for post discharge bankruptcy by debtors. You can see that on our and other websites too

Normally they want to see the discharge before they will issue a new charge card, but nothing prohibits you from applying. Just don't get back into the "easy monthly payments" trap too soon!

[Anonymous]

Just wanted to respond to this, the trustee has already filed his report on my case, of course there can be a last minute game changer but thankfully we aren't anticipating that.  I am pretty risk adverse so I think I'm just going to ask Cap1 to close the account for now.  I think if anything were to come up it would look better that I had immediately closed the account as opposed to waiting for someone to have an issue with it.  The hard pulls will suck, but not more than an issue with my discharge.