Q: I am a 73 year old woman with over $30,000 in credit card debt. If I file chapter 7 do I have to file on every card?
I get social security and a small monthly pension. I live with my daughter, so no personal property other than my clothes and my car. I can pay payments and pay to keep my Menards card and my 2 Bank of America cards. Most of this debt happened when I had to have extensive dental and medical procedures that I used my cards to pay.
Please help, I’m pretty desperate here. Creditors are calling and don’t want to hear my reasons for being late. I called them all before I ever missed a payment and offered to pay a partial payment for the month. Some of them took it and then sent me emails or text telling me I need to pay this huge payment now, extra from last month, late fee and current payment due. I need help. Thanks!
If you file a voluntary bankruptcy petition, you will be signing Schedules of ALL your assets and debts, under penalty of perjury. So yes, you must "file" on every debt you have at the date you file for bankruptcy relief.
That said, you have the option to reaffirm any otherwise dischargeable debt. If you desire to keep a credit card, the creditor should be delighted that you opt to reaffirm its debt and pay it. Reaffirmation is a negotiated agreement, so your lawyer should attempt to get you the best terms for a reaffirmed debt. Of course, the bankruptcy judge will ultimately decide whether to approve the reaffirmation.
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