Legal Question in Bankruptcy in California

Re: bankruptcy

Interesting question. If they were listed, then technically the obligation you owed them at the time of the filing (I assume you filed chapter 7 bankruptcy) was discharged. In theory, the credit card agreement was also terminated by operation of law, but maybe not. Any charges made after the bankruptcy was filed would obviously have to be repaid, as they were not discharged in the chapter 7. Can they cancel the card - I'll bet if you read your credit card agreement (ask them to provide you a copy), there is a provision in there which says your card may be cancelled upon the filing of a proceeding in bankruptcy. That is legitimate, though I can't imagine how they have waited almost five years to enforce it. Very strange, although creditors are desperately trying to find ways to reduce their risk, and perhaps a review of your file revealed the bankruptcy, which in turn triggered their termination. I'm pretty positive you have an obligation to continue making payments until it is paid in full, with the exception of whatever you owed at the time you filed for bankruptcy. You may wish to consult a bankruptcy attorney.

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