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Heather A. Harwell, PLLC
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Can I Keep a Credit Card Out of My Chapter 7 Bankruptcy?

Bottom line, no. The bankruptcy estate is much like a probate estate. Once you file your petition, your financial estate is essentially handed over to the trustee. The Bankruptcy Code is designed to prevent preference of one creditor over another; therefore, all credit cards and other debts must be equally included in your Chapter 7 Bankruptcy.
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It would be unfair for you to pay one creditor and not another simply because you want the ability to obtain further credit. Regardless, even if you had a "0.00" balance on the account, once the bankruptcy is reported to Equifax, Experian and Transunion, most creditors automatically post a designation of "bankruptcy" and close the account. Also, keep in mind that use of credit cards may have put you in the position where you need to file a Chapter 7 Bankruptcy. Continuing the use of credit is likely to put you back on the same financial path. The only way to take full advantage of a Chapter 7 Bankruptcy is to figure a way to live within your means and stick to that plan.
The information provided in this website and blog page is intended for informational purposes and should not be construed as legal advice. You should never rely solely on websites for legal information or advice and contact a licensed attorney with any questions you may have.