Can I keep a credit card when I file a Chapter 13 Bankruptcy in Virginia?

When you file a Chapter 13 bankruptcy, you must list everyone that you owe money to. There are no exceptions. If you have a balance on a credit card, you have to list it on your bankruptcy petition. However, if you have a credit card that has a $0 balance, you do not owe money to that creditor and you are not required to list the account. Most major credit card companies, MasterCard, Visa, American Express, and Discover, automatically receive notice of every bankruptcy that is filed anywhere in the United States. They compare those filings against their accounts and close any credit card accounts for individuals that have filed a bankruptcy regardless of whether they were listed in the bankruptcy.

If you are considering filing bankruptcy, do not attempt to pay off a credit card so you don't have to list it. You are far better off using the money to pay for bankruptcy. If you really need to have a credit card, you can apply for a new credit card after your bankruptcy is filed. However, remember what caused you to have financial problems in the first place, and do not run up balances on a new credit card after filing bankruptcy.

If you are having trouble paying your credit card debt, a Chapter 13 bankruptcy may be the solution for you. Contact Hampton Roads Legal Services today at 757-276-6555 to schedule an appointment with our attorneys. She will explain how a Chapter 13 bankruptcy can help you.

Edrie Pfeiffer
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Edrie Pfeiffer, Bankruptcy & Divorce Attorney