Skip to content
Karra L. Kingston Esq.

Staten Island & New Jersey Bankruptcy Lawyers

  • Home
  • About Us
    • Our Attorneys
    • Why Hire Us?
    • Testimonials
  • Areas We Serve
    • New York
    • New Jersey
  • Practice Area
    • How to File a New York Bankruptcy
    • How To File a New Jersey Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Bankruptcy Basics
    • Should You Hire a Bankruptcy Lawyer?
    • Should I File Bankruptcy?
    • How Much Does Filing Bankruptcy Cost?
    • What Are the Advantages of Filing for Bankruptcy?
    • How Do I File For Bankruptcy
    • Is Filing Bankruptcy Bad?
    • How Does Bankruptcy Help Me If My House is in Foreclosure?
      • Short Sale
    • How Can I Stop a Wage Garnishment?
  • Debt Settlement
    • Bankruptcy vs. Debt Settlement
    • How Will Debt Relief Impact My Credit Score?
    • Debt Consolidation
    • Debt Relief – Be Aware
  • Bancarrota
    • ABOGADOS DE BANCARROTA CAPÍTULO 7 EN STATEN ISLAND, NEW YORK
  • Blog
  • Contact Us!

Can I Not Include a Credit Card in My Bankruptcy

Bankruptcy, Credit Card, debt, Debt Relief / By karrakingston / March 31, 2020 March 31, 2020

Many individual’s who are in debt, consider filing bankruptcy. One common question that we get is whether they can keep a credit card out of their bankruptcy. Many consumers are under a misguided impression that they are allowed to pick and choose which credit cards they want to include in their bankruptcy. Under the Bankruptcy Code, debtors are required to list all of their debts in their bankruptcy petition. This includes all debts from any sources (ie. tax, student loans, credit card, personal loans, medical bills, etc.)

Sometimes people assume that if they don’t tell us about a creditor, then it won’t get listed in their petition and they will be able to keep the credit card open. Unfortunately, this is not true. Typically, creditors will close an individual’s credit card account as soon as the bankruptcy petition is filed. Creditors who were not listed in the individual’s bankruptcy peittion are still notified of the bankruptcy filing through the credit bureaus. Even accounts that have been paid in full or have zero balances are still closed when an individual files a bankruptcy petition.

The Bankruptcy Court does not allow individuals to leave creditors out of their bankruptcy petition because it wouldn’t be fair. The Bankruptcy Court does not allow preferences. This means they don’t want individuals deciding which creditor they want to continue paying while others are left with nothing. The Bankruptcy Courts want all creditors to be treated equally.

If you are worried about letting a credit card go in a bankruptcy, you shouldn’t be. Many credit card companies are very willing to issue secured credit cards right after a bankruptcy discharge. Many of our clients have gotten credit cards as soon as their chapter 7 bankruptcy has been discharged.

When a bankruptcy petition is completed, the debtor has a duty to ensure that everything in the petition is true and correct. Individuals filing bankruptcy sign a piece of paper that under penalty pf perjury, they have listed all of their debts as required by the Bankruptcy Code. Thus, failing to list creditors would be lying on a bankruptcy petition. This can be deemed as bankruptcy fraud. If you are unsure of all of your creditors, the best way to get a copy is to pull a credit report. Our office always pulls credit reports and judgments from credit card companies to ensure that every creditor is listed.

Bankruptcy is a tool to give individuals relief. Bankruptcy gives individuals an opportunity to start over. Allowing a credit card to be left out of a bankruptcy would be contrary to the purpose of why an individual files bankruptcy. If you have questions about listing debts in a bankruptcy petition, or getting credit cards after bankruptcy, please feel free to contact Karra L. Kingston Esq. at 973-979-9078. or by using our online chat. Karra L. Kingston Esq. helps individuals get out of debt everyday. Karra L. Kingston Esq. is a Staten Island bankruptcy lawyer and New Jersey Bankruptcy lawyer. Karra serves all of New Jersey and the five boroughs.

 

Post navigation

← Previous Post
Next Post →

Recent Posts

  • Can an Undocumented Person or Non US Citizen File for Bankruptcy?
  • Is a Debt Collection Agency Harassing You?
  • How Can I get things Removed From My Credit Report?
  • How to Get a Free Bankruptcy Consultation in New Jersey
  • How do I file for Bankruptcy in North Bergen, New Jersey in 2024

Archives

  • April 2024
  • January 2024
  • April 2023
  • December 2022
  • August 2022
  • July 2022
  • April 2022
  • February 2022
  • September 2021
  • April 2021
  • January 2021
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • October 2019
  • September 2019
  • July 2019
  • June 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018

Karra L. Kingston Esq.

New York Office

160H Dinsmore St, Staten Island, NY 10314, United States

New Jersey Office

3710 John F. Kennedy Blvd, Union City, NJ 07087, United States

 

Useful Links

  • FAQ
  • Blog
  • About Our Law Firm
  • Contact US
  • Testimonials
  • Book Appointment
  • Bankruptcy Basics

Legal Info

  • Practice Area
  • Privacy Policy
  • Client’s Rights
  • Client Forms and Documents
  • NJ Bankruptcy Court Information
  • NY Bankruptcy Court Information
  • Should I File Bankruptcy?

Disclaimer

The information on this site is for information purposes only and does not establish an attorney-client relationship, which is only formed when you have signed a retainer agreement. We cannot guarantee results; past results and do not guarantee future results.

 

Copyright © 2018-2022 Karra L. Kingston Esq. All Rights Reserved.