Miami, FL asked in Bankruptcy for Florida

Q: Is there a limit to the amount of credit card debt to file for bankruptcy, Chapter 7? Thank you.

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: There are no eligibility limits for debt to file a Ch. 7 case; there are income ceilings, however. (Unlike a Ch. 13, for which there are debt limits for both secured and unsecured debt totals).

A cautionary note- any charges made to a credit card within 90 days prior to the filing of a bankruptcy are presumed to be non-dischargeable.

In addition, if it appears that there was a run-up of credit card debt in contemplation of a bankruptcy filing, there may an issue about abuse of the bankruptcy process, and if proven by creditors or the trustee, a discharge may be denied.

Credit card companies monitor accounts to detect that sort of "abuse".

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No.

1 user found this answer helpful

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