What Will Happen To Credit Card Debt In Chapter 7 Bankruptcy?

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What Will Happen To Credit Card Debt In Chapter 7 Bankruptcy?

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Credit cards are often used by everyone, it may be because it has several benefits that come with them and when you have the money you pay it off. Sudden unemployment or pandemic like Covid 19 can make you use your card for necessities and can’t even pay for it. This has a solution, if you qualify to apply for chapter 7 bankruptcy, then your credit card debts can easily be discharged.

There are 2 types of credit card accounts and bankruptcy affects each differently-

  • Unsecured credit account- the majority of credit cards and departmental store charge cards are unsecured, i.e., you sign a ‘promise to pay’ agreement to pay off the charges but don’t permit the creditors to take property against your payments if you are late.
  • Secured credit cards- jewelry, electronics, furniture, etc. are secured credit accounts, here if you don’t pay your bill then whatever you bought that maybe a ring or a mobile will be taken back by the company.

If you have unsecured credit card debts then the creditor cannot ask you for money when filing for bankruptcy, all of your unsecured debts are discharged under chapter 7 bankruptcy.

Problems to avoid-

Some things still might disrupt your process of discharge and you don’t want that, so here is a list of things that you should avoid.

  • Inappropriate credit card use-

A creditor can file a lawsuit against your discharge known as an adversary proceeding. Here are some important points to note-

      • Luxury purchases done within 90 days of filing are considered fraudulent but you can buy necessary things like clothes, food, etc.
      • Your creditor might say you are a fraud if you give faulty information about you in your credit card application.
      • If you transfer non-dischargeable debts such as student loans onto your card then it will cause a problem.
      • If you have a gambling problem then the law in your state might have rules against cash advancements.
  • Creditor’s lawsuit in the state court.

If you have a creditor’s lawsuit against you then you should file bankruptcy before the creditor gets a money judgment.

      • The creditor can make your unsecured debt into secured debt after getting a money judgment and can take your property.
      • If the fraud complaints and if the judgment comes before filing the bankruptcy then it makes the debt non-dischargeable.
      • Creditors after getting money judgment can take extreme collection measures like wage garnishment, and even bank levy.

Secured credit card debt in chapter 7 bankruptcy

If you have secured debts then you have 2 ways that are-

    • Return the item that you bought and wipe the debt off your record. Or
    • You can keep the item and continue paying for it.

If you want to file for bankruptcy do not hesitate. It is all right to file for bankruptcy and start a new financial life. If you live in or near Los Angeles & Dallas, TX, contact Recovery law group-(888-297-6203). If you want to know more about your case contact us.


    2022-04-14T06:05:19+00:00