Saint Louis, MO asked in Bankruptcy for South Carolina

Q: I want to rebuild my credit while in Chapter 13. Is it ok to obtain a secured credit card?

Related Topics:
2 Lawyer Answers
Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Not without permission of the chapter 13 trustee in your region

D. Nathan Davis
D. Nathan Davis
Answered
  • Bankruptcy Lawyer
  • CHARLESTON, SC
  • Licensed in South Carolina

A: Although there is no prohibition on obtaining a secured credit card, you are putting the cart before the horse. The real problem is that you cannot obtain credit while in a Chapter 13 case without Bankruptcy Court approval. No lender is going to lend you money until you complete the Chapter 13 case. Also, it is very easy to convert to Chapter 7 and most lenders are going to be leery of lending you money until you obtain your discharge.

Most lenders look only at post-discharge actions when you are trying to obtain credit. Remember that you have not borrowed money for 3-5 years. Once you obtain your discharge, you can start rebuilding your credit. Most of my Chapter 13 clients find very little trouble with their credit once they finish the Chapter 13. Even while in Chapter 13, you will have light bills, insurance bills etc and those are used to reestablish credit all the time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.