If I file bankruptcy, can I add a closed credit card with a balance still owed? 38 Answers as of August 26, 2011

My spouse and I have a lot of credit card debt and are thinking of doing a bankruptcy. My question is this, if I closed a card with a balance that I am making payments on, it was not settled, they did lower the interest rate but I am paying the entire amount I owe, can I include this card in the bankruptcy?

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Heupel Law
Heupel Law | Kevin Heupel
Absolutely and you should in order to rebuild your credit after filing bankruptcy.
Answer Applies to: Colorado
Replied: 8/26/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
yes, you will have to schedule it
Answer Applies to: Washington
Replied: 8/11/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Yes
Answer Applies to: Maryland
Replied: 8/6/2011
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Yes. You must list all your credit card and other debt. It doesn't matter if the card is closed or not. It will be treated the same as an open card in the bankruptcy. Full disclosure is required. If you are in doubt about whether to list something or not - list it.
Answer Applies to: California
Replied: 8/5/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You should include ALL debts, all lawsuits and all credit cards. You also should stop paying your credit cards once you make the decision to file a bankruptcy. Please speak with a bankruptcy attorney to assist you with this matter.
Answer Applies to: New Hampshire
Replied: 8/5/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You not only can, but you must. The omission of any debt is perjury. It is grounds to dismiss a case or even for prosecution. And, even when those things do not happen, it could leave you owing a debt you could have discharged. Make sure you get a lawyer and do not file pro se. Pro se cases go badly.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Glen A. Kurtis, P.C.
    Glen A. Kurtis, P.C. | Glen A. Kurtis
    Yes, you can include this in the bankruptcy and have the debt discharged.
    Answer Applies to: New York
    Replied: 8/3/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    Not only can you include the credit card balance in your bankruptcy, but you must include all debts of every kind in your bankruptcy. Contrary to popular belief, you cannot pick and choose which debts to include in bankruptcy. It's all or nothing. How to treat the debts and any collateral thereon may be an issue to discuss with your attorney. But no debts may be excluded from your bankruptcy schedules.
    Answer Applies to: Ohio
    Replied: 8/3/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You will list ALL your debts and assets when you file for bankruptcy. The debt you describe is dischargable in bankruptcy.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Absolutely. Although if the card was under both your and your spouse's names, both of you will have to file in order to discharge the debt. Otherwise the creditors can keep collecting from the co-debtor who did not file for bankruptcy.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes. You have to list EVERYONE you owe money to.All creditors have to be treated equal
    Answer Applies to: California
    Replied: 8/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes you can.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes you can.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, without a doubt
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    All liabilities must be listed on your bankruptcy petition; there's no picking and choosing what to enter. Based on your facts, nothing distinguishes this debt from an active credit card, or other debt otherwise dischargeable in bankruptcy. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action Fro
    Answer Applies to: California
    Replied: 8/3/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Yes just don't make any more payments until we talk.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    When you file for bankruptcy all debts must be included. Therefore you will have to include this card.
    Answer Applies to: Washington
    Replied: 8/3/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    The debt you describe can certainly be discharged in bankruptcy.
    Answer Applies to: Oregon
    Replied: 8/3/2011
    Florio Law Firm, PLLC
    Florio Law Firm, PLLC | Amber Morgan Florio, Attorney at Law
    Yes. Absolutely. Notice: The information transmitted in this email message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any review, transmission, dissemination or other use of this information is prohibited. If you have received this communication in error, please notify the sender immediately and delete the material from any computer, including any copies.
    Answer Applies to: Texas
    Replied: 8/3/2011
    Fears & Nachawati
    Fears & Nachawati | Majed Nachawati
    Question 1 - Yes, you can generally include a closed credit card with an outstanding balance in your bankruptcy filing. Question 2 - Yes, if you intend on filing bankruptcy, the credit card should be paid through bankruptcy, not directly to the creditor.
    Answer Applies to: Texas
    Replied: 8/3/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Yes. This debt will be discharged in either a chapter 7 or a chapter 13 case.
    Answer Applies to: Oregon
    Replied: 8/3/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Not only can it be included, but it must be included. The fact that it is closed and you have an arrangement to pay it or that it is "not settled" does not constitute an exception to the discharge order of the Bankruptcy court.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Yes, you should be able to list this on the petition and have it discharged like the rest of your debt. Just because the account is "closed" doesn't mean that it's not collectible or that they wouldn't attempt to collect on it at some point.
    Answer Applies to: California
    Replied: 8/3/2011
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