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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am considering filing for bankruptcy. I have a discharged

Customer Question

I am considering filing for bankruptcy. I have a discharged bankruptcy from the 1980,s. I may have filled out a couple of credit card applications in the year 2003 or 2004 and they asked: Have you ever filed for bankruptcy or do you have a bankruptcy in your credit history. I answer them with NO. I believe because this fell off my credit reports that was the proper answer. If I decide not to pay my credit cards or file a chapter 13, do you think this will come back to haunt me?

Sincerely, Terry
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

Typically the misstatement in your credit card applications would only be a factor if the misstatements were made within the last 2 years. Thus there likely will be no problem regarding applications

Edited by WebLaw on 2/4/2011 at 5:49 PM EST
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.

Please tell me where I can obtain information regarding the 2 years you quoted in the anwser please.

 

Typically the misstatement in your credit card applications would only be a factor if the misstatements were made within the last 2 years. Thus there likely will be no problem regarding applications

Customer: replied 6 years ago.
Ok, where can I obtain something that says this, where does it say two years in which law book, where?
Customer: replied 6 years ago.
Ok, where can I obtain something that says this, where does it say two years in which law book, where? I need to read this and able to quote this somewhere?
Expert:  Ellen replied 6 years ago.
I am just now receiving your request as your question was closed 2 days ago.

Section 523 the Bankruptcy Code states exceptions to discharge.

You can read the Code at this link: http://www.law.cornell.edu/uscode/11/523.html

Credit card companies and the US trustee's office rarely review statements more than 1 to 2 years in the past. In the extremely unlikely event that the credit card company reviewed your application from 2003 or 2004, there would be no record of your bankruptcy in the 1980s. The Bankruptcy Court simply does not maintain paper records from the 1980s.

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