Can bankruptcy remove my credit card debt? 34 Answers as of August 26, 2011

I am a 63 year old senior and owe almost $10,000 to credit card companies. Now collection agency wants to recover. My total monthly income is $1,392, all of which is Soc. Sec. & Army Disability Pension. No other income. Only asset is my van.

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Heupel Law
Heupel Law | Kevin Heupel
Yes, bankruptcy will eliminate the credit card debt and allow you to keep your van. Given your income and amount of debt, filing Chapter 7 would be a good solution.
Answer Applies to: Colorado
Replied: 8/26/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
BK will discharge your CC debt. It sounds like you're judgment proof if your only income is SSI though.
Answer Applies to: Washington
Replied: 8/25/2011
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
Bankruptcy will eliminate your legal obligation to pay your credit card debt. It appears that based on your income you would qualify for a Chapter 7 petition. You may wish to discuss with an attorney the exemptions applicable and the value of your van to determine if you would be an asset case.
Answer Applies to: Florida
Replied: 8/22/2011
The Law Office of Jacqui Snyder
The Law Office of Jacqui Snyder | Jacqui Snyder
Bankruptcy could take care of your credit card debt. Due to your fixed income and age you may be able to receive assistance through Legal Aid in your area. You should also contact the VA, your local bar association, and proseniors.org to see if anyone can help you find an attorney at a discounted rate. Good luck!
Answer Applies to: Ohio
Replied: 8/18/2011
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
Yes, a bankruptcy can remove your credit card debt. But get good advice before you you choose to a bankruptcy. It souhnds to me like you may be judgment proof. That is, you may have no assets that a creditor can seize to pay your debts. If that is true, then perhaps the only reason to file a bankruptcy is to stop the creditors from calling you. A good attorney can sometimes fix that problem without filing a bankruptcy. Good luck. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.
Answer Applies to: Ohio
Replied: 8/16/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    You betcha (in most cases such as yours, but retain counsel to ensure no surprises and red flags).
    Answer Applies to: California
    Replied: 8/13/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Based on the information you provided, you should be able to file for Chapter 7 Bankruptcy and have your credit card debt discharged.
    Answer Applies to: California
    Replied: 8/12/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Yes, bankruptcy can remove credit card debt.
    Answer Applies to: Colorado
    Replied: 8/12/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    As of now you're pretty much judgment proof, you don't need bankruptcy. What that means is that all your income is exempt by Florida law, nobody can touch it, even if they get a judgment against you, there is nothing they can do. The only thing they could put a lien on is your van and other non-exempt assets. And if the debt is jointly owed with someone else, then the other person would still be liable. I would recommend you go to the court dates when the collection agencies sue you, however, because the judge might hold you in contempt of court if you don't show.
    Answer Applies to: Florida
    Replied: 8/12/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    Yes, Bankruptcy is a good way to eliminate credit card debt and give you a fresh start.
    Answer Applies to: New Hampshire
    Replied: 8/12/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    Yes. A Chapter 7 bankruptcy could completely wipe out ALL your credit card debt. (There are a few exceptions that do not apply to most people.)
    Answer Applies to: California
    Replied: 8/11/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If your credit card debt is overwhelming you may want to consider filing bankruptcy. Consult an attorney to discuss this.
    Answer Applies to: California
    Replied: 8/11/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    file now, sleep better.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Yes, a chapter 7 bankruptcy can result in the discharge of your credit card debt.
    Answer Applies to: Pennsylvania
    Replied: 8/11/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You would easily qualify for a chapter 7 bankruptcy. This would completely erase all your credit card debt and you would keep your vehicle and other property.
    Answer Applies to: California
    Replied: 8/11/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    You could discharge your credit card debt in a bankruptcy, but you are judgment proof. No one can collect from you, even if they sue.
    Answer Applies to: Mississippi
    Replied: 8/11/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    First, your Social Security benefits are exempt from garnishment. I suspect your Army pension is as well. That means a creditor who sues you, gets a judgment, and turns that judgment into a garnishment is barred by the garnishment exemptions from garnishing those funds. That said, creditors often do so and the bank must comply with the order. Then you would have to object to the garnishment. In addition debt collectors will usually keep dunning you, even if you tell them your funds are exempt from garnishment. So, a bankruptcy would discharge your credit card debt. That means creditors would be unable to try to collect the debt. Unless your van is worth more than $10,000 you would be able to keep it in a bankruptcy.
    Answer Applies to: Colorado
    Replied: 8/11/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes If you qualify for a chapter 7 you can discharge all credit card debt.
    Answer Applies to: Florida
    Replied: 8/11/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Yes you can discharge all your credit card debt provided no objections to discharge apply. I am happy to discuss these issues with you.
    Answer Applies to: Georgia
    Replied: 8/11/2011
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    The simple answer is yes. There was some confusion when the bankruptcy laws changed that credit card debt would not be discharged. Credit card debt is still dischargeable in bankruptcy. There are more protections and much more paperwork to the petition these days, but from the little I know from your question a bankruptcy could help you. Do not use the credit cards if you are contemplating filing for bankruptcy.
    Answer Applies to: Colorado
    Replied: 8/11/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Yes, a chapter 7 will discharge credit card debts.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes. That's what bankruptcy is for.
    Answer Applies to: Virginia
    Replied: 8/11/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes, a bankruptcy could remove your debt, but I would talk to a bankruptcy attorney. If all you have is Social Security and a van, you sound judgment proof, they probably can't collect anything from you. However, they can make you miserable by calling ad harassing you. Make sure through an attorney that you are ok and that you are willing to put up with the harassment. Good luck!
    Answer Applies to: Michigan
    Replied: 8/11/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    Yes, filing a bankruptcy case can wipe out your credit card debt. If you plan to file, you should immediately stop using your cards. In addition, you will need to review all purchases in the last 90 days. Recent cash advances or the purchase of luxury items can prevent you from getting a discharge of the debt. As such, you should meet with an experienced bankruptcy lawyer who can review your debt and advise you on which chapter is best for you.
    Answer Applies to: Alabama
    Replied: 8/11/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    Yes, check out a chapter 7.
    Answer Applies to: California
    Replied: 8/11/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, credit card debt is dischargeable in bankruptcy as long as it wasn't incurred by fraud.
    Answer Applies to: California
    Replied: 8/11/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You are judgment proof which means they can sue you all day and night for the next 10 years and they will get nothing from you. However, at your age particularly who wants to be getting served with lawsuits and getting calls and collection letters. Therefore, Chapter 7 can wipe out all your bills and end all the calls and potential lawsuits forever and you can have peace of mind.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Absolutely it can. In fact, that's the point.
    Answer Applies to: California
    Replied: 8/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In most cases, credit card debt is erased in a Chapter 7 case. Although I'd want more detailed information, what you posted makes it sound like Chapter 7 certainly is an option for you to consider and possibly a useful one. The first step is to see an experienced lawyer, so that you get all the pros and cons.
    Answer Applies to: Georgia
    Replied: 8/11/2011
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