Legal Question in Bankruptcy in Florida

Unfortunately had to file bankruptcy in 2013. In the bankruptcy a Capital One account was listed and then discharged and charged off. Now I am trying to rebuild my credit and not remembering that Capital One was in the bankruptcy, I applied for a credit card. To my surprise Capital One approved a very low limit and now have received the card but have not activated it. My question is: if I activate this new credit card account (with different account number), can Capital One use this as a re-affirmation of the discharged amount and charge my new account with that amount?


Asked on 5/08/14, 4:31 pm

1 Answer from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

No, that cannot be a reaffirmation of the discharged amount. A reaffirmation must be approved by the bankruptcy court.

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Answered on 5/09/14, 9:51 am


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