How to approach credit card companies

If you filed for bankruptcy and one of your credit card companies challenges the dischargeability of your debt you can send formal questions to the credit card company. You can ask the credit company the following questions:

  1. Request the credit card company to state in detail the reasons and grounds on which the creditor bases its allegation that you committed fraud.
  2. Ask the creditor to explain your credit extension policies and explain how they were applied in your case.
  3. Ask the creditor to explain what they did to determine your creditworthiness.
  4. Ask the creditor what they did to verify your income, assets, expenses and liabilities.
  5. Ask the creditor to explain how the creditor informed you about its policies it alleges you violated.
  6. Ask the creditor to for the dates on which according to the creditor the violations occurred.

A well crafted letter to the credit card company (called interrogatories) will show the creditor that you are determined to defend your case and may even drop the allegations altogether. A bankruptcy attorney knowledgeable in this area will be worth the fee.

Some case law worth reading before you get involved in this type of litigation:

  • In re Vianese, 195 B.R. 572 (N.D.N.Y. 1995)
  • In re Hearn, 211 B.R. 774 (N.D. Ga. 1997)
  • In re Davis, 176 B.R. 118 (W.D. N. 1994)
  • In re Kitzmiller, 206 BR. 424 (N.D. W.Va. 1997)
  • In re Chinchilla, 202 B.R. 1010 (S.D. FLa 1996)
  • In re Grayson, 199 B.R.397 (W.D. Mo. 1996)