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Category: Bankruptcy Law
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A year ago I filed Chapter 7 bankruptcy, my step dad was ...

Customer Question

A year ago I filed Chapter 7 bankruptcy, my step dad was letting me use one of his credit cards prior to my filing. He did not want me to file his card with my chapter 7, so I did not, he told me not to worry about it. Now he wants me to pay almost 6,000 on the card. ( the part he''s says I owe) Does my bankruptcy protect me from this? What can he do legally? The card is in his name not mine and if I could have I would have put it in with my bankruptcy but he did not want me to at the time. Any insight you can provide would be great. Thanks
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Trial_master replied 8 years ago.

Bankruptcy will protect someone from the debts that are discharged by the bankruptcy. Creditors must be listed and noticed so they can contest the basis for the bankruptcy, if they so desire. If you have a debt to someone that was not discharged in the bankruptcy, the debt is not protected by the bankruptcy.

That said, there is still the issue of enforceability; the alleged creditor carries the burden of proving that the alleged debtor was the one who acquired the charges. I do not know the particulars in your case (nor can I know them all), but I have to wonder if he could prove that you were the one who incurred the alleged debts.

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