Card from Sync still surviving ch7?

[Anonymous]

I've heard that in the past one of the cards that could survive CH7 discharge was from Kohl's. Not sure if it's still the case but if so, has anyone heard of this also applying to any of their other cards from Home Depot/Lowe's etc. ? Attorney suggests including it on the filing petition despite a 0 balance on the off-chance of them saying they're owed money, but if there's even a possibility of it surviving it might be better to not to include it? 

[FireMedic1]

Thats one card that survives a lot even if its included. Why it does. No one knows. But you cant leave anything out of filing to try and keep it. The court knows whats on your reports. The attorney has to file it all.

[Dalmus]

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@FireMedic1 wrote:

Thats one card that survives a lot even if its included. Why it does. No one knows. But you cant leave anything out of filing to try and keep it. The court knows whats on your reports. The attorney has to file it all.

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Actually, the BK law only requires you to include any and all debt in the filling, doesn't it?  A credit card with a zero balance is not a debt and doesn't have to be included in the matrix.  At least that's what my lawyer told me back in the day.  Maybe it has changed?

Of course, any card that isn't notified directly by the court will find out when the BK shows up on your report anyway...

[FireMedic1]

"This rule, however, goes a step further. Even if you don’t owe a balance on your credit card, you must still list it in your bankruptcy papers. A revolving credit card account is a type of contract, and your contracts are automatically canceled by bankruptcy, including credit cards, leases, and secured auto loans, to name a few. As a result, once your credit card company finds out about the bankruptcy and realizes that it no longer has a contract, it will cancel your card because it won’t be able to enforce any ongoing obligations. Simply put, without a valid agreement in place, the credit card company will not be able to make you pay for your purchases."

https://www.nolo.com/legal-encyclopedia/can-i-keep-credit-card-in-my-chapter-7-bankruptcy.html 

[sccredit]

Kohls is CapOne. Lowes, etc are Sync. No one knows why Kohls survives when others do not. YMMV.

[Anonymous]

Appreciate the responses. It seems like the lowes will get cancelled regardless so it won't really matter one way or another. 

[Anonymous]

In the Northern District of Illinois, even debts that you forgot to list on the schedules are discharged if yours is a NO ASSET Chapter 7 case, but that's a local rule. Your district may have something similar.