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Can Bankruptcy Only Be Applied To Your Credit Card Debt?

Nov 20, 2007
Can you declare bankruptcy on just your credit card debt? The short answer yes. The long answer well, keep reading the rest of the article.

Before 2005 you would be able to discharge on your credit cards without any consequence from your lenders especially in the discharge of debts in a chapter 13. Credit card companies have the ability to file an adversary preceding. They do this when the credit companies feel that you filed bankruptcy because your debt was not authorized, second that you used the card without any intention to repay the debt on your cards in the first place.

Not only do these companies have the ability to file an adversary preceding in a chapter 7 bankruptcy, but also in a chapter 13 after 2005. There are many things that can cause your lenders to file an adversary proceeding on your discharge, here are just few: A newly issued card, Using your card for recent vacations and trips, Going passed your limit, Having a lot of debt at filling, Increasing the amount that you use the card just before filling bankruptcy, Making an significant cash advance before filling bankruptcy, Talking to a bankruptcy lawyer first and then charging more on your cards afterwards.

It is definitely better for you the more time you place between any of these indicators and filling for discharge of debt. 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 lenders if they file an adversary preceding, hold off to file your discharge so that you can put more payment history on your credit between the red flag and filling bankruptcy.

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 $11,000 on a credit card that you no longer could pay they could offer a settlement of $6,000 and call your debt done.

You also have other options. You can also work with a debt settlement company. This should be a last resort before filling bankruptcy if you are worried about your credit score.

You could have a company settle your debt for you. These companies can range from non-profit organizations to religious institutions. This is where you will pay these companies a 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 want you to pay their fee before they will start working with your lenders, which could be anywhere from $1000 and $8000. Which means you will be paying them $400 to $700 a month which they will not use on your debt and in the mean time your debt payments and fees are still coming.
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