Legal Question in Bankruptcy in Wisconsin

I had a chapter 7 bankruptcy where a debt was not reflected since it was a personal debt and not on my credit report. The credit card was in a friends name. I was told at time a card in someone elses name could not be included. I have been paying it but no longer afford it, looked up some case law, is the debt still included in the discharge in a no asset chapter 7. Please help


Asked on 9/05/12, 12:19 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Sorry but it would be hard to answer this question based upon the information provided, and there is probably case law going both ways. Certainly, if your friend had actual notice of the bankruptcy, your argument that the debt was discharged might be a good one, assuming that yours was a no asset bankruptcy. A no asset case would usually mean that there was nothing that your friend could have done to prevent discharge, even if he was discharged. One tricky problem, however, might be the fact that you apparently impersonated your friend when using the card. That could potentially constitute identity theft, which is a felony in WI. Please remember that my answer question here does not make me your lawyer and I will not be taking any action on your case. However, you are welcome to contact me at my Racine, WI offer during business hours at 262-633-3090 or email me at [email protected] if you have further questions. See me on the web at www.jayknixonlaw.com

Read more
Answered on 9/08/12, 2:57 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Wisconsin