Vine Grove, KY asked in Bankruptcy for Kentucky

Q: My new wife took out a credit card in my name. I am in a chapter 13. What will happen?

My new wife took out a credit card in my name. I am in a chapter 13. She used my info, I didn't know about it, what will happen?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Report it to your lawyer, the trustee and the Court so you don’t get sanctioned for incurring new debt without permission.

Lloyd  Nolan
Lloyd Nolan

A: What you describe sounds like a post-filing debt, which would not be discharged in your Chapter 13. I have no doubt that your jurisdiction forbids incurring new debt, (including credit cards) without Court permission. (No Court in my experience would EVER grant permission). I agree with Mr. Dennison that you should contact your lawyer and advise him this has occurred. Your wife, or you, should not use the card and your lawyer may advise you to promptly destroy it. These things happen and different courts take varying positions as to whether sanctions will apply. Get your lawyer's input immediately.

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