Will bankruptcy get rid of my credit card debt? 23 Answers as of February 12, 2011

I have a chronic illness and what I get from social security does not help to pay my bills. Can I file bankruptcy in order to pay back my credit cards?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes. In general, bankruptcy discharges (wipes out, gets rid of) credit card debt. The most common form of bankruptcy, Chapter 7, does not require that you make any payments on your old credit card debt. If your only income is social security, I am certain that your income will be low enough for you to qualify to file a Chapter 7 bankruptcy. To see if this is the best thing for you, talk to a certified specialist in bankruptcy law, like me: 310 271- 6223. I am happy to arrange a free consultation for you. There are exceptions to discharge set forth in 11 U.S.C. Section 523 like obtaining money or credit by fraud, or through the use of a false financial statement, that apply and in some cases can result in the denial of discharge of credit card debt. Again, it is best to consult with an expert in bankruptcy law before making your decision about whether or not to file bankruptcy.
Answer Applies to: California
Replied: 2/12/2011
Law Office of Aaron Nielson
Law Office of Aaron Nielson | Aaron Nielson
Most people's primary objective in filing for bankruptcy is to get rid of bills, especially credit card and medical debt. There are some exceptions but most of the time the answer would be yes that bankruptcy would get rid of the credit card debt. As always, every case is different and you need to talk to an attorney about your specifics.
Answer Applies to: Washington
Replied: 1/14/2011
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
It seems that you are mostly talking about a Chapter 7 and it is very likely from what you said that if you file for Chapter 7 bankruptcy it will get rid of your credit card debts. There are some variables, such as whether or not you have equity in a home and if so how much, but in general if your debts are a lot larger then the value of your assets then you can file for Chapter 7 and it will get rid of your credit card bills. Good luck to you and I hope that your health gets better. Perhaps if and when you successfully file for Chapter 7 the reduction in debt-related stress will help improve your health.
Answer Applies to: New Jersey
Replied: 1/13/2011
Christopher Legal Group
Christopher Legal Group | Shawn Christopher
If you qualify for a chapter 7, which you should if your only income is social security, then your credit card debts should get erased. Also, if your only income is social security, even if a creditor sues you, they cannot seize social security benefits.
Answer Applies to: Nevada
Replied: 1/12/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You may qualify for a chapter 7 bankruptcy (liquidation) if you meet income and/or other requirements. A chapter 7 bankruptcy eliminates debts such as credit card debt. I would be happy to speak with you about your options. Please feel free to contact me for a free consultation.
Answer Applies to: California
Replied: 1/11/2011
    Law Offices of Geoffrey Nwosu
    Law Offices of Geoffrey Nwosu | Geoffrey Nwosu
    Yes, you can eliminate most of your credit card debts by filing bankruptcy. Debts owed can be either secured with assets like cars, motorcycles, boats, planes, and homes or not secured. When unsecured, it means that the loan is not attached to any assets that you own. These unsecured debts and loans from your creditors can be eliminated if you have limited income or no income to pay for them.

    Individual debtors can either file for chapter 7 bankruptcy or chapter 13 bankruptcy. You may qualify for chapter 7 bankruptcy if you have limited or no income within the last six months. New bankruptcy code now requires you take the means test. Your bankruptcy lawyer will explain the means test to you. We are the the Law office of Geoffrey C. Nwosu located in San Jose, California. We help individuals file chapter 7 and chapter 13 bankruptcy under the United States Bankruptcy Code.
    Answer Applies to: California
    Replied: 1/10/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes, bankruptcy can get rid of your credit card debt.
    Answer Applies to: California
    Replied: 1/10/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    You can file for bankruptcy to have your debt forgiven.
    Answer Applies to: New Hampshire
    Replied: 1/10/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    chapter 7 will eliminate credit card debt without any payments. Chapter 13 will provide for some payments to creditors over time based upon your "disposable income."

    Consult with an attorney to determine which is right for you.
    Answer Applies to: California
    Replied: 1/10/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    Chapter 7 bankruptcy gets rid of credit card debt unless the debt was incurred a short time before your filing. If this is old debt - chapter 7 will eliminate it.
    Answer Applies to: California
    Replied: 1/10/2011
    DiTocco Law Group, PLLC
    DiTocco Law Group, PLLC | Tony DiTocco
    Yes, generally Chapter 7 Bankruptcy will discharge credit card debt.
    Answer Applies to: Florida
    Replied: 1/10/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    If you qualify for a Chapter 7, the credit card debts will be discharged so that you no longer have to pay them. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 1/10/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You asked 2 different questions.

    In answer to your first question. A Chapter 7 bankruptcy discharges unsecured debt(credit cards) if you qualify for a chapter 7.

    Answer to questions 2.

    A Chapter 13 under the bankruptcy code provides for a repayment plan of up to 5 years to pay back your creditors. Again, you have to qualify for a chapter 13, as well.

    If you have further questions, you may contact my office
    Answer Applies to: California
    Replied: 1/10/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, a Chapter 7 bankruptcy will almost certainly wipe out (discharge) your credit card debt forever given your low income. You do not need to pay any of the credit cards if your income is only social security. However, consideration must be given also to property you own. You do not give any information about what you own. If you have substantial property you own then that may affect your chances of obtaining a discharge. I recommend having a consultation with a local bankruptcy attorney to evaluate your case. You need to provide the attorney with a list of property you own and your income. If you really want to pay your credit card debt then you need to file a Chapter 13 case but given your low income it sounds like you cannot afford to pay back your credit card debt and Chapter 7 is probably the best option assuming you do not own property that cannot be exempted (protected).
    Answer Applies to: California
    Replied: 1/10/2011
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    Credit card debt is normally extinguished in bankruptcy.
    Answer Applies to: South Dakota
    Replied: 1/10/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Filing a chapter 7 bankruptcy will "get rid of" your credit card debt. Filing a chapter 13 bankruptcy would pay them back as much as the court thinks you can afford. From what you say, it sounds like you can't afford anything, so chapter 7 would be the way to go. But that depends on knowing in more detail what you own, if anything, and the law in your state.
    Answer Applies to: Virginia
    Replied: 1/10/2011
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    Yes, bankruptcy will get rid of your credit card debt.
    Answer Applies to: Arizona
    Replied: 1/10/2011
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