Legal Question in Credit and Debt Law in Tennessee

Can a credit card company refuse your request for copies of back statements if you've declared bankruptcy? Chase Bank told me they would only release this info to my attorney at a cost to me of $150.00. Can they do that or do they have to honor my request? I've had the bankruptcy discharged for over a year and am attempting to apply for a FHA mortgage and need this documentation to show the filing was due to circumstances beyond my control. Chase's huge interest hike was what finally forced me to file. thanks so much for your time. :-)


Asked on 7/01/10, 6:32 pm

1 Answer from Attorneys
Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

There is no legal obligation on the part of the bank to release credit card statements to you or anyone else once the debt has been discharged in a bankruptcy proceeding even if the statements still exist. Any release, to you or your lawyer upon your request, would be a voluntary release for which you could be charged both a research and copying fee. A fee of $150.00 for this type of service is not unreasonable, at least in today's market. As for releasing copies to only your lawyer, that seems a bit ridiculous on the bank's part as your lawyer is your agent and any communication to him would be the same as a communication to you.

I fail to understand however, as to why you need this documentation to show the bankruptcy filing was beyond your control. The credit card statements merely show what was charged and what payments were made as well as the interest rates. However, you can relate this information to the mortgage loan processor without the necessity of the statements from Chase.

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Answered on 7/05/10, 10:03 am


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