can a person still file bankruptcy and have their credit card debt released?
400076
Yes, I just did.  I did a chapter 13 a month ago.  I had to do a one hour telephone interview with a bankruptcy approved consumer credit counselling service (my attorney gave me the phone number), and they gave me a certificate that said I was approved to file a bankruptcy, which they sent to my attorney.  All of my unsecured debt was released, and I'm on a 5 year payment plan with the bankruptcy trustee to pay off my cars, and some income taxes.  Almost $10000 of credit card AND payday loan debt was washed away!  Saved my life!  Good luck!  (BTW...Torkhum, one of your answerers, doesn't know what he's talking about...the new laws only effect about 2% of the population when everything is said and done, once you get bankruptcy approved interview with the CCC service your attorney recommends to you)
738709
I have filed bankruptcy 2 times and I am 35. The chargeoffs are on your record for max 10 years depending on company.  Within 1 month after each bankruptcy I was getting credit card offers. Interest rates are HIGH and credit limit is low but you can build up credit limit with on time payments and eventually getting credit line increase. I have orchard bank. I also applied for a sam's Club membership card, had it a few months and then applied for a credit card and got it with no problem..(it's now 30%). You can use it at Wal-Mart also...There are several you can get..just go online and research..Be careful..I have gotten offers for some that offer 300.00 credit line, 6.00 month fee, 150.00 year, 100.00 act. activation fee..(210.00 year total) at 22 or 23 % interest..Don't get in over your head.
640634
Depends on the bankruptcy.  When my sister filed, her attorney left out her Sears card, only because she didn't want to have to reopen it later on.  Also, you can apply for a card after the bankruptcy is filed.  Your best option would be to wait about 1 year, then apply.  If you apply sooner, the credit card companies will deny your application.  The best cards are the prepaid ones. You put money on them & use them like a real Visa or MasterCard.  I have a pre-paid MasterCard that I keep a certain amount on for emergencies.  Yes, I get charged $1 for using it.  It's worth it in the long run.  The source below is a great pre-paid card for repairing your credit too.  You can buy the pre-paid card for $10 at Rite Aid drugstores.  Also, Ace Check cashing locations have a pre-paid Visa & Mastercard. That's the one I started out with.  I have the greendot one now & use it monthly.  At the end of one year, they'll send a report to the credit bureaus that I've been using their card & paying my bill on time.  It helps repair your bad credit.
272891
yes, but normally they will just hand it over to a bill collections agency that will get a judgment against you. If your about to file bankruptcy though, don't worry about it. they're not going to throw you into debtors prison or anything. they'll just call a lot and send letters. Once you are in bankruptcy, it'll be sorted out.
455065
Re-Establishing Credit\nFiling for bankruptcy will negatively affect your credit history. You may find it difficult to get a new credit card. However, you might be able to obtain a secured credit card when your bankruptcy is final. Even people with damaged credit may be able to obtain a secured credit card by depositing money in a savings account. Your line of credit on a secured card usually is the same as the amount of money you deposit.\n\nIn recent years, some credit card companies have started to offer new credit cards to people who recently filed for bankruptcy because they know that people who have filed for bankruptcy cannot file again for several years. These offers are likely to be for credit cards with very poor terms, such as high interest rates and penalty fees. Be very careful about responding to such offers.
163927
If you use your credit cards after bankruptcy, be prepared to pay everything you charge on them.  \n\nYou should cut up your credit cards.  That's what got you into bankruptcy in the first place.
358197
There are certain debts that cannot be discharged, such as student loans and child support.  The new laws make it a little harder, for example, if your credit card company says that you recently used the card for say a 2000 trip to disney world right before you filed, that would not be dischargable.  They are looking into fraud more and more.
910334
Yes, you can.  Anyone can file individually, and Chapter 13 bankruptcy only remains on the credit file for 7 years IF discharged (completed): it is referred to as a Wage Earner Plan, because the creditors receive a portion of the payments due to them.\nIf you prefer not to file bankruptcy, debt consolidation may be an option as well.
1043686
I can say that the pro's are that you can have a lesser payment monthly for most of your credit problems, but since the new law change in 2005, a lot has changed.  Payments such as house, rent, utility bills, can't be placed on it, and it stays on your credit for atleast 10 yrs.  Everything you are in debt for has to be placed on record, so, depending on how much that is and how much your income is, you still may not be able to file bankruptcy.  Also, it's not cheap to file regardless to what legal services may tell you.  Once filed, everything of substantial cost has to be approved thru your Trustee's office.  You'll pay almost twice as much for anything of credit, if it's excepted, for a very long time.  The main thing is that if you decide to file bankruptcy to hold on to items like cars, trucks, house, and get behind for any reason, it will still be taken after making this effort.  So, unless there is absolutely no other way, by contacting the creditors and working out a lesser payment till caught up, (your best option), don't do it. It would be better to show good faith in taking care of your obligations, (stop charging on cards, go out less to eat, get rid of the cable, and other things that are not a must), and pay the agreed payments on time, than to get farther behind and do nothing.  Creditors respond to that type of attempt.  Good luck!
662752
I can't stand you people who are giving horrible advice. If you file suit against someone and they file bankruptcy, you are still able to collect. Judgments are non dischargeable when filing Bankruptcy. Any court order form of payments are nondischargeable. You get a judgment and record it with the clerk/state, it is vaild for 10 years and if the defendant receives any money or assets you can place a lien on them. Also, if you get a judgment you and your attorney can file a citation to discover assets to get your settlement. They will then need to sell any assets they own (up to a certain amount) to satisfy your judgment.\n\nDo not take the first amount the insurance company offers you. You can get more. Even without an attorney you need to ask for things other things like gas that was in your car, if you had new tires, they usually will pay the tax on a new car up to the value of your old car, the title and license. You can accept the check from you insuance company and then sue her and her insuance for reimbursement. Your insurance will put a lien on the amount you recover usually 2/3s of what they paid out. Don't give your insurance company any information that will incriminate you. You can tell them you are seeking counsel and will be intouch with them about it.\n\nIf you are moving out of state, you need to make sure that you are able to go back to the county that you are moving from because you need to file suit in either the county you lived when this happened, county it happened in or the county that she live in. (assuming they are all different)
867624
I wish Debt Guru would tone down his answers.  It's bad enough they are self serving, but they are very deceptive.\n\nOK, true.  A bankruptcy stays on your "public record" forever.  But most lenders don't look at your "public record" (which is actually the bankruptcy court records).  Most will look at your credit report, and the BK listing is removed after 10 years.  \n\nJust thought I'd point that out again.\n\nAnd debt settlement only works if the creditor agrees to work with these companies.  They are NOT required to do so, and in many cases these companies do more harm then good.  Most are fronts for lenders trying to sell consolidation loans!  Don't believe me, take a look at the FTC website at http://www.ftc.gov\n\nOK, so what's my opinion?  Can't give you one with such limited information.  \n\nFirst take a look at the link below, as it describes what the bankruptcy laws are going to do for you.  \n\nAsk yourself this question.....\n\nIf you were to sit down and create a very strict budget (no more Starbucks, no eating out, no movies...) and put all of your "disposable" income into paying off this debt, can you do it in 5 years?\n\nFor example, lets say after you have made your budget you can afford only $200 a month, and you owe $20,000 in debts.  In this case, assuming the creditors are nice enough to wave late fees and interest (yeah, right), it's going to take about 9 years.  In that time, your credit report is ruined due to all the late payment and collection notices.  \n\nIn reality, all of your creditors are NOT going to wait more then 2 years for their money. You will be hammered with lawsuits, collection agents, and still have bad credit for several years.\n\nOr....when you file for bankruptcy you will still be put on a very strict budget.  But your bills will be paid off completely in 3-5 years. In most cases you will only be paying back a portion of the debt.\n\nTrue, your credit is trashed for 10 years.  But at least you can start your life over without all the debt and harrassment that goes along with it.\n\nGood luck.  BK is a hard decision to make.
113813
No that is not much debt just try to make payment arrangements and pay monthly payments to ensure your credit is not ruined.  Bankruptcy stays on your credit for 7-10 years that is a long time
978208
I've read many of Debt Guru's answers in the past and they usually are fairly decent.  But this one I have to comment on.  It's very self-serving and borders on spam.  I don't suppose you are the owner/employee of this company, are you?\n\nTelling people not to file because it "stays on your public record the rest of your life" is the exact sort of scare tactic nonsense that collection agencies tell you.  Yes, the statement is true, but very few creditors go through the trouble of referencing bankruptcy records, and depend more on credit reports.  BK filings drop off credit reports after 10 years.  You know that!  So why are you passing on this sort of advice, other then scare people enough to do business with you?\n\nOne more reason why people need to look carefully at these "credit repair" companies.\n\nTo answer your question, it really depends on how much debt you are in.  You need to look at your individual situation and see if it's the right thing to do.  A bankruptcy attorney will give you an hour of free advice, so call around and do some research.  NEVER file a BK on your own.
904315
Let me start by saying I am not a lawyer or credit counselor so take my advice for what it's worth.\n\nA huge majority of people who file for bankruptcy list loss of job and divorce as a reason for filing.  So don't feel bad about being forced to file.\n\nBy your question, lets assume that you could somehow convince these creditors to accept a lesser amount, and you now only owe $15,000, with no additional late fees or interest.  Yeah, right...pretend you just woke up in the land of OZ, but we'll pretend anyway.\n\nIf all you could afford is $100 a month it's going to take over 12 years to pay off this debt.  Very rarely will any creditor accept a plan that takes move then 3-5 years.  They are NOT going to  wait longer then that to get paid, so it's not likely your plan will work.\n\nNext option is to examine the debts.  How many are beyond the statute of limitations?  Those debts can be ignored.  It's going to trash your credit history for a few years, but so will a bankruptcy.  That may lower your debts a bit, but I don't think it's going to help you enough.\n\nThe other problem you may have is your side business.  If you set it up as a sole propriety and not a separate company, the BK court may want to include those assets and income into the plan, and that could cause problems.  \n\nThe new bankruptcy laws will most likely not allow you to file for a chapter 7, based on your comment that you can afford $100 a month toward your debts.  \n\nYou may not have any other options but to file, but you really need to discuss this with an attorney first.
140389
Yes.  So long as you are out of a chapter 13, you can file another chapter 13 or a chapter 7.  If you file the chapter 7, you cannot file another chapter 7 for seven years but you could file chapter 13 again once the 7 is discharged.  In fact, you can file chapter 13 bankruptcies indefinitely so long as you are no longer in the midst of another bankruptcy.
924103
They can get a judgement but I seriously doubt they want to go through the hassle for such a small debt. Even if they could garnish wages, which I don't think they can for credit card debt, they won't even get what your minimum monthly payment would be if you can prove all of your money goes to neccessary bills and living expenses. See if you can negiotiate a settlement with the credit card company that will save you both time, money and headaches if not just send them something every month and they can't say you are not paying down your debt.\nGood Luck
256440
If you are out of the country, you won't get sued because whoever holds the debt won't be able to serve you with process.  Debt collectors are pretty aggressive and do sue, thereby forcing people into bankruptcy.  I am not aware of credit card holders yet trying to sue out of the country (extra-territorially).  \n\nBut if you return, a lot of post-default interest will have accrued and certainly you will find it very difficult to pay this debt.  In that case, bankruptcy would be your only solution unless you could negotiate some sort of lump sum settlement.