Can You Declare Bankruptcy On Just Your Credit Card Debt?
The short answer yes. The long answer maybe. Before 2005 you would be able to declare bankruptcy on your credit card debt without any evaluation from your creditors especially in the discharge of debts in a chapter 13 claim. Credit card companies have the ability to challenge a bankruptcy by filling an adversary preceding an adversary preceding is a law suit filed in bankruptcy court which is related to your bankruptcy case.
They do this when the credit card companies first feel that you filed bankruptcy because your debt was fraudulent, second that you used the card without any intention to repay in the first place. Not only do the credit card companies have the ability to file an adversary preceding in a chapter 7 circumstance, but also in a chapter 13 circumstance after 2005. There are many things that can cause your creditors to file an adversary proceeding on your bankruptcy here are just few:
1. A newly issued card
2. Using your card for recent vacations and trips
3. Exceeding your limit
4. Having excessive amount of debt at filling
5. Increasing the amount that you use the card just before filling bankruptcy
6. Making large cash advances before filling bankruptcy
7. Talking to a bankruptcy lawyer and then making more charges afterwards
It is definitely better for you the more time you have between any of these red flags and filling for bankruptcy. And the less chances that the creditors will come after you. Here are a few tips to help you when you want to discharge a certain debt. Make sure that you settle with your creditors if they file an adversary preceding hold off to file bankruptcy so that you can put more payment on your credit between the red flag and filling bankruptcy.
You also have other options. You can also do a debt settlement. This should be a last resort before filling bankruptcy if you are worried about your credit score. This can be handled many different ways. You could have a company settle your debt for you. These companies can range from non-profit organizations to government and religious institutions.
This is where you will pay these organizations a substantially less amount then what your debt payments are. A few things to watch out for when using a debt consolidation company is that some will require you to pay their fee before they will start working with your creditors, which could be anywhere from $2000 and $6000. Which means you will be paying them $300 to $600 a month which they will not use towards your debt and in the mean time your debt payments and fees are piling up.
Another option that you can do is work directly with your creditors. Where you can contact your individual creditors and show them that you no longer have the ability to pay them. They will set you up on either a payment plan that you can handle or a settlement plan where you would pay them a certain amount and they would discharge the rest of your debt.
For example if you had $10,000 on a credit card that you no longer could pay they could offer a settlement of $5,000 and call your debt settled. This will show up on your credit report, but away to get the settlement off your credit is to in the future repay the rest of the debt and it will be taken off of your report.
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