Law & Legal & Attorney Bankruptcy & consumer credit

Can You Still Use Your Credit Card If You Are Going to Declare Bankruptcy?

    Bankruptcy Discharge

    • During a bankruptcy case most credit card debts will be discharged, which means they do not have to be repaid.

    Challenges by Credit Card Companies

    • Credit card companies can challenge discharge of debts they believe were fraudulently incurred through what is sometimes termed a nondischargeability action. This most commonly occurs because the debtor allegedly incurred debt without the intent to repay.

    Warning Signs that a Debtor is Incurring Debts Without Intent to Repay

    • Some actions that could be perceived as indicating fraud include incurring debts without a source of income, a pattern of increasing borrowing right before filing for bankruptcy, and opening new credit cards before filing for bankruptcy.

    Considerations

    • Credit card companies can challenge the discharge of debts in both Chapter 13 and Chapter 7 bankruptcy cases.

    Credit Card Cancellation

    • If you maintain a zero balance, there is a chance a company may allow you to keep your credit card after filing for bankruptcy.



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