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Bankruptcy can significantly impact your financial life, including your credit cards. Understanding what happens to your credit cards after filing for bankruptcy is crucial. This article will guide you through the process and provide insights on how to manage your credit cards post-bankruptcy.
Yes, you must list all your open credit card accounts as creditors, even those with zero balances. The bankruptcy trustee assigned to your case needs to know about them because they typically review activity on all accounts in the months preceding your bankruptcy filing to check for “preferential payments.”
Bankruptcy typically leads to the cancellation of your credit card accounts, even those with no outstanding balance at the time of the bankruptcy filing. There are rare instances in which you may be able to keep a credit card after bankruptcy, but that option largely hinges on the policies of your credit card issuer.
One of the first requirements in any bankruptcy proceeding is that you furnish the court with a list of all your creditors. The list must include all credit cards, including those with no balances. Everyone you owe money, including all issuers of credit cards with unpaid balances, will be notified of your bankruptcy filing. Virtually all card issuers will cancel your account upon receipt of such a notice.
A credit card with no balance isn’t a debt, so the bankruptcy court may not notify the issuer, but there’s a good chance that the card will be canceled anyway. Bankruptcy filings are public records and are listed on credit reports compiled by the national credit bureaus (Experian, TransUnion, and Equifax). Credit card issuers routinely monitor customers’ credit reports and learn of bankruptcy filings that way. For many lenders, a bankruptcy on your credit report is grounds for canceling your account, even if they don’t stand to lose money through discharge of unpaid bills.
If you file bankruptcy, federal law allows you to exempt certain debts from being discharged—a procedure known as reaffirming the debt. This is usually used to allow a bankruptcy filer to keep their house or car by maintaining mortgage or auto loan payments, but in theory, it can apply to any debt, including unpaid credit card balances. Reaffirming credit card debt may not be possible in practice, nor may it be a good idea for several reasons:
If you are an authorized user on a credit account, you are not legally responsible for any balance on the account and you do not have to include the card in the list of creditors you submit to the bankruptcy court. The court won’t notify the issuer of your bankruptcy, and the account owner’s credit standing will not be affected by your bankruptcy. If you owe your employer reimbursements for charges you made on a company card, however, you must list the company as a creditor and they will be notified of your bankruptcy.
Yes, unsecured consumer debt, which includes unpaid credit card balances, is subject to discharge in bankruptcy.
While it’s unlikely you’ll be able to keep a credit card after bankruptcy, you will be able to get a new card eventually—and perhaps sooner than you’d think. A Chapter 7 bankruptcy remains on your credit report for 10 years from the filing date, and a Chapter 13 persists for seven years, but their negative impact on your credit scores lessens over that time.
Many bankruptcy filers start receiving credit card offers within a year or two of filing. Those offers typically are for cards with relatively high interest rates and modest borrowing limits, but using them responsibly can help you rebuild a positive payment history, improve your credit scores, and eventually help you qualify for more attractive credit offers.
You can even jump-start the credit recovery process more quickly with a secured credit card. With a secured card, you put down a cash deposit which usually serves as your credit limit, and which the lender can keep if you stop making payments.
Making purchases and maintaining timely payments on a secured credit card account benefits your credit history and can help improve credit scores bruised by bankruptcy. To keep tabs on your credit health, Experian credit monitoring is a convenient way to be alerted to any changes to your credit report and credit score for free.
If you have any questions or need assistance with your mortgage, don’t hesitate to contact O1ne Mortgage at 213-732-3074. Our team of experts is here to help you navigate through your financial journey and provide the best mortgage services tailored to your needs.
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