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Filing Chapter 7 this Friday (2/23/24) It's a Unique Situation and I'm Hoping for Advice

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Mike1014805
Contributor

Filing Chapter 7 this Friday (2/23/24) It's a Unique Situation and I'm Hoping for Advice

So I'm going to condense/generalize my situation as much as possible

  • I figured I should start by mentioning that Im' only 32 years old. In February 2022, I was diangosed with COPD because of a chemical exposure at my job. I filed a workers comp claim, and it was denied. So I hired a lawyer, and appealed it. After 7 months, my case was brought before a judge in September of 2022. It's been 2 years now, and my case is still going on. From February of 2022 to February of 2023 I wasn't working because my case was in limbo. Then in 2023 I was officially terminated from my job for filing the claim. That's a whole other long complicated legal situation at this point.
  • At the same time this was all going on, I had just signed a lease for a new apartment (had I known I was going to go through this major legal battle I would have never done this). So for 13 months I put my entire life on credit cards and took out a personal loan. Because my claim was denied, I've also been paying all of my medical bills out of pocket that my insurance won't cover/copays. So I currently have about $200,000 in debt. Don't ever get sick and take it to court...it's a nasty battle.
  • I finally have a new job now, but it doesn't pay as well as my old job did. I was also able to break my lease without fees, 2ish months early because of my situation. And I moved back home. Unfortunately, with my income only being about $55,000/year before taxes, I can't afford my monthly bills. So I hired a BK lawyer recommened to me by my WC lawyer. I found out that I qualify for chapter 7, and will officially sign the petition this Friday. It took my lawyer about 7 weeks to get everything together and filed though because my case is VERY unique and complicated. 

Here's my first question: 

I have credit cards with balances with the following banks that I have no choice but to burn, which ones are "forgiving" when it comes to filing chapter 7?

  1. Bank of America
  2. Chase
  3. Discover
  4. American Express
  5. Synchrony Bank
  6. Barclays
  7. Citi
  8. Wellsfargo
  9. TD Bank (Target RedCard)

 

My second question:

How soon after my discharge can I get a secured card? Or are secured card applications the same as regular credit card applications?

 

My third question:

My lawyer said I don't have to include/close cards that don't have a balance. I have a credit card with my credit union that only has a $600 limit but no balance. Would I be able to keep this card if I called the bank? Or will it be forced closed? 

 

My fourth question:

I was given some possibly hopeful news though about applying for future loans/credit cards. My lawyer told me that the judge/trustee will most likely provide some kind of letter that I can present to banks about my situation. My debt isn't because I poorly managed my finances, it's because of a lawsuit that was out of my control. My question is this: has anyone else been in a situation similar to mine? 

 

(I'm not looking/seeking legal advice since I already have a lawyer. I'm just seeking 3rd party opinions from people who have filed chapter 7 and have gone through something similar in anyway. And if it matters I'm in CT)

2 REPLIES 2
sccredit
Valued Contributor

Re: Filing Chapter 7 this Friday (2/23/24) It's a Unique Situation and I'm Hoping for Advice

My BK was caused by a business failure due to fraud by a partner. 99.99% of the debt included was business debt. I have never been asked for reason behind bankruptcy or mitigating circumstances. 

 

Another item to consider is that the lawsuit(s) should be considered property of the bankruptcy estate once you file, I would get clarification on what happens to those upon filing.

 

Edited to add for your original question (based on my experience 6 years post CH7 discharge)

  1. Bank of America - Nope
  2. Chase - Nope
  3. Discover - Nope
  4. American Express - Nope
  5. Synchrony Bank - I didn't IIB them
  6. Barclays - Haven't tried them and did IIB them. They have sent me preapprovals for JetBlue and Hawaiian
  7. Citi - Retail will let you in first, card services has a long memory for any of their normal credit products
  8. Wellsfargo - Didn't IIB them
  9. TD Bank (Target RedCard) - Didn't IIB them
Message 2 of 3
Lurker22
Established Contributor

Re: Filing Chapter 7 this Friday (2/23/24) It's a Unique Situation and I'm Hoping for Advice


@sccredit wrote:

My BK was caused by a business failure due to fraud by a partner. 99.99% of the debt included was business debt. I have never been asked for reason behind bankruptcy or mitigating circumstances. 

 

Another item to consider is that the lawsuit(s) should be considered property of the bankruptcy estate once you file, I would get clarification on what happens to those upon filing.

 

Edited to add for your original question (based on my experience 6 years post CH7 discharge)

  1. Bank of America - Nope
  2. Chase - Nope
  3. Discover - Nope
  4. American Express - Nope
  5. Synchrony Bank - I didn't IIB them
  6. Barclays - Haven't tried them and did IIB them. They have sent me preapprovals for JetBlue and Hawaiian
  7. Citi - Retail will let you in first, card services has a long memory for any of their normal credit products
  8. Wellsfargo - Didn't IIB them
  9. TD Bank (Target RedCard) - Didn't IIB them

I did IIB Discover in a 13, they let me back in with a $13K CL 8 months post discharge 

Message 3 of 3
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