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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.

The Law Office of Heather A. Harwell, PLLC is a Federally designated debt relief agency which defends consumers and files suits on behalf of consumers pursuant to various Florida and Federal laws, including bankruptcy under Title 11.  The Law Office of Heather A. Harwell, PLLC handles Consumer Bankruptcy, | Chapter 7 Bankruptcy, Debt Defense Against Credit Card Lawsuits by Original Creditors  including American Express, Discover, T.D. Bank, Synchrony Bank, Capital One Bank, Credit One Bank and others;, Debt Defense Against Credit Card Lawsuits by Debt Buyers including Midland Funding, LLC, Portfolio Recovery Associates, LLC, LVNV Funding, LLC, and others; Debt Defense Regarding Automobile Repossession Deficiencies; Debt Defense regarding Foreclosure Sale Deficiencies; Garnishment Defense, Credit Reporting Issues, Lawsuits against Creditors & Debt Collectors violating Fair Debt Collection Law violations, and Appeals regarding Debt, Credit and Violations issues in the U.S.M.D. of Florida, Hillsborough County, Hernando County, Pasco County, Wesley Chapel, Zephyrhills, Spring Hill, San Antonio, Trinity, North Tampa, New Port Richey,  Lutz, Land O Lakes and surrounding areas.  EVERY CASE IS DIFFERENT.  The information provided in this website is meant for general informational purposes only and should NOT be construed as formal or comprehensive legal advice.  Visiting this website and/or referring to its content does not create an attorney-client relationship.  The attorney provides a no-contact consultation via telephone or video regarding Chapter 7 Bankruptcy, Debt Defense,, Debt Collector Violations, Debt Settlement, Debt Negotiation and Garnishment / Attachment Issues.

Office:  Wesley Chapel, Florida

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