Q: If I file chapter 7 can I exempt one or more unsecured credit cards if they are current?
I have one card that pays 1.5% rebate, and I pay off the balance each month. do i have to include it with the other debts?
A:
You will have signed the Official Bankruptcy forms that ask you for all debts owed on the date of filing, under penalty of perjury, as of the date of your bankruptcy petition filing, as well as the Statement of Affairs, which ask about past payments of debt.
In addition, all credit card issuers seem to have software and get notified when any of their cardholders file bankruptcy, and the credit cards are automatically cancelled at the moment of filing.
If you owe a balance on your favored credit card, you can perhaps do a Reaffirmation, with the creditor's consent and Court approval.
Confer with your bankruptcy lawer about this. Be open and honest!
A:
When you file for Chapter 7 bankruptcy, you are required to list all your debts, including unsecured credit cards, even if they are current and paid off each month. Bankruptcy law mandates that all creditors be treated fairly, which means you cannot pick and choose which debts to include or exclude. The bankruptcy trustee will review all your debts as part of the process.
However, if there is a specific credit card you wish to keep, you might be able to do so by reaffirming the debt with the creditor. This means you agree to continue making payments on that debt, and it will not be discharged in bankruptcy. Keep in mind that the creditor must agree to this arrangement, and they are not obligated to do so.
It's essential to understand that any credit card issuer may still decide to close your account, even if you are current, as a precaution when they see a bankruptcy filing. Be prepared for this possibility and plan accordingly.
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.