“Dear Lewis,

Hi, I filed chapter 7 back on 2003 or 2004. but got a credit card after my debt was cleared from capital one. I lost my job and couldn’t pay them. after 6 years they are sueing me for $7,600 when they lend me less then 2000 dollars of credit. Can I fight capital one by saying that I was in bankrupt when they gave me the card. they don’t want to settle for less then 4000.

Robert”

The Answer

Dear Robert,

You didn’t bankrupt this debt. It was after the filing of your case, so you cannot discharge the debt.

I certainly think you should be able to settle for less than $4,000, but do you have it available to give to them if they do settle? Do you have any other debts?

You may be eligible for another chapter 7. You are able to file 8 years after the filing date of the last chapter 7.

Good luck!

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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