Will I be allowed to keep my credit cards if I file bankruptcy?

Full question:

Will I be allowed to keep my credit cards if I file bankruptcy?

Answer:

Federal Bankruptcy Law requires you to list all of your creditors, not just the creditors whose debt you would like to discharge. Some creditors may allow you to keep their credit cards and continue paying on the debts, but it depends on the creditor after the creditor has been notified of the bankruptcy.;It also depends on what your credit card balance is at the time of the bankruptcy, what the company issuing the credit card is willing to do, and how well you convince them you can, and will, pay present and future credit card debt.

If you want to hang on to some credit cards, you can try during the bankruptcy proceeding to negotiate what is known as "re-affirming the debt" with the credit card holder, meaning you convince them you'll pay back what you owe. Keep in mind however, that often it is credit card debt which caused a debtor to choose bankruptcy in the first place.

The debtor should attempt to reform habits such as poor use of credit cards, rather than continuing to make the same mistakes. Bankruptcy is designed to provide the debtor with a fresh start. Thus, the debtor should make the most of that opportunity, rather than repeating the same patterns which brought them to this point in the first place.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, when you file for bankruptcy, you may be able to keep certain assets, depending on the type of bankruptcy you file (Chapter 7 or Chapter 13) and the exemptions available in your state. Common exemptions may include your primary home, vehicle, and personal belongings up to a certain value. However, non-exempt assets may be sold to pay creditors. It's essential to consult with a bankruptcy attorney to understand what you can keep.