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Debt Relief – Insolvency – Bankruptcy Information » Bankruptcy Law » I’ve consulted an attorney and decided to file bankruptcy, so can I still use my credit card?

I’ve consulted an attorney and decided to file bankruptcy, so can I still use my credit card?

My dad just consulted a bankryptcy attorney and decided to file bankruptcy. So can he still use his credit cards (Visa, Macy’s, Bestbuy)?

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8 Responses to "I’ve consulted an attorney and decided to file bankruptcy, so can I still use my credit card?"

  1. millylouise says:
    If he included those credit cards in the bankruptcy then unfortunately no.
  2. misschaos6515 says:
    I wouldnt – Im in the middle of filing bankruptcy right now – ESPECIALLY the best buy one – whatever he buys now – they will make him give it back…Dont use them.
  3. reality says:
    Yes, he can. And he should keep few credit card for a future use, because, he will not get another one for a wile.He should tell the attorney which card he would like to keep.
  4. zac_timmy says:
    I’m talking from an Australian perspective….

    Just because you are bankrupt, it doesn’t preclude you from borrowing money, HOWEVER, you must disclose to these people/companies that you are bankrupt and then they can make an informed decision, most will probably reject your appliction. If the credit cards are included in the bankruptcy, it is most likely that they will be voided, if they aren’t then I think you still have to advise the companies that you are bankrupt and then they can decide whether or not to continue you account.

    On the other side, I don’t know your (or your father’s situation) but if you have gone bankrupt there is usually an issue behind it that needs to be addressed.

  5. Grace Mary G says:
    Depends of what type the bankruptcy is. If its chapter 13, you can still keep some of your credit cards and if you file for chapter 7, this is a full bankruptcy and therefore you should be surrendering your credit cards. Chapter 13 will drop from your credit file 7 yrs from date of filing and chapter 7 will drop from your credit file 10yrs from date of filing.
  6. OC1999 says:
    If he has already filed, then it is very likely that the cards are closed(or will be closed very soon). So he would not be able to use them.

    If he has not filed, he could still use the cards. However, this is NOT something he should even consider doing. The main reason is anything he is charging on now, he probably has no intention of paying on it. When his case goes in front of the trustee, they could determine the charges made. The very least he would owe that money still, the worst would be that they think he was trying to commit fraud. In that case they could go after serious criminal charges.

  7. Mary B says:
    The short answer is no. Your creditors, if they find out you have a bankruptcy, may also cancel the card, irregardless of your payment history, or significantly raise your interest rate.
  8. Studly says:
    You didn’t specify which type of bankruptcy…..it will make a big differance in how you proceed.

    1) With most chapter 13 trustees, you are not allowed to keep credit cards. The theory goes that all of your disposable income is going toward your debts, so how can you afford to get deeper into debt? They make you cancel them.

    2) Once you file BK, the credit card companies automatically get the reports and search their records to see if you have a card. If so, they notify your bank or card issuer who has the ultimate decision of canceling it.

    If your card has a zero balance, you may be able to keep the card. But you will first need to reaffirm the card with the bank. Your lawyer needs to be involved in this.

    I’ve helped several people with their debt problems, and some filed for BK. We did manage to get them a credit card, but you must follow the procedures.

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