Can a credit card company add what I owe to a previous bankruptcy? 7 Answers as of July 12, 2013

I owe 1,300 dollars on my credit cards and add up interest went up to 1,800 dollars. The credit card company added this amount to my bankruptcy files that I declared in 2005. It had been 6 years ago, can they do that? What is the consequences? Is it legal?

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The Law Office of John T. MacDonald Jr., PLLC
The Law Office of John T. MacDonald Jr., PLLC | John MacDonald Jr.
I'm not sure I fully understand your question. First of all, what type of bankruptcy did you file in 2005? It is best to contact a bankruptcy attorney. Attorney John MacDonald of Lansing Michigan is a bankruptcy attorney that protects debtors and advises them of their rights.
Answer Applies to: Michigan
Replied: 5/25/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Did you file a chapter 13? That is the type of case where a creditor files claims (usually). If the creditor filed a claim in an amount that is higher than you think it should be, the burden is on you to object to it. Since this happen 6 years ago, I don't know why that is an issue now.
Answer Applies to: California
Replied: 5/25/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
No, they can't do that, and they likely violated the automatic stay of 11 USC 362 which subjects them to monetary sanctions in your favor if they contacted you regarding previously-discharged debt.
Answer Applies to: Indiana
Replied: 5/25/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If the debt has already been discharged in bankruptcy, the credit card company is prohibited from collection of the principal amount or accrued interest. Write a letter informing them about the fact of the bankruptcy discharge on this debt.
Answer Applies to: California
Replied: 5/25/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
If you have incurred no debt with this creditor after the filing of your bankruptcy, then the entire amount should have been discharged; interest and all. Permanently. Send them a letter to cease and desist from collecting against you, if that is what they are doing. If they continue after that letter, then hire a bankruptcy lawyer to sue them for a violation of your discharge injunction.
Answer Applies to: California
Replied: 5/25/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    No. They cannot do that. It is a violation of federal law.
    Answer Applies to: California
    Replied: 5/25/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Your question as stated doesn't really make any sense. Is your bankruptcy case closed? If not, why is it still open? Did you receive a discharge? Is it a Chapter 13 or Chapter 11 case? Or is it Chapter 7? There's no way a Chapter 7 or 13 case should still be open unless something went wrong in the case or, in the case of Chapter 7, the Trustee is administering assets. How did the credit card company "add" an amount to your "bankruptcy files"? Did they file a claim? I honestly have no idea what is really going on here.
    Answer Applies to: California
    Replied: 7/12/2013
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