If I file for bankruptcy can I still use my credit cards?
I want to file for bankruptcy, but I don't have any means of paying for my everyday items without my credit cards. Do I have to fill out paperwork at the bank? What should I do?
Answered By: Mercado & Hartung, PLLC
You shouldn't/can't reaffirm unseured debt. It's all or nothing when it comes to your credit cards.
Answer Applies to: Washington
Replied: 1/17/2012
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Answer Applies to: Washington
Replied: 1/17/2012
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Answered By: Heupel Law
No, you cannot use your credit cards after filing bankruptcy.
Answer Applies to: Colorado
Replied: 1/16/2012
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Answer Applies to: Colorado
Replied: 1/16/2012
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Answered By: Ashman Law Office
If you file a 13 you cannot use or keep credit cards. If you file a 7, your creditors will close the accounts. No, you can't live off credit cards after filing.
Answer Applies to: Georgia
Replied: 12/30/2011
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Answer Applies to: Georgia
Replied: 12/30/2011
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Answered By: Mazyar Hedayat and Associates
Promising future payments and incurring debt knowing that you cannot afford to pay is presumptively fraudulent. Thus, use of credit cards with the intent of eventually escaping that debt via bankruptcy is promissory fraud and will invalidate your case. Once you file, your credit card accounts will be closed.
Answer Applies to: Illinois
Replied: 12/30/2011
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Answer Applies to: Illinois
Replied: 12/30/2011
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Answered By: Guardian Law Group PLLC
Once you file all credit cards will be immediately closed. You need to stop using them and start working on a cash/debit basis and living within a budget (remember that you will not be paying on those unsecured debts).
Answer Applies to: Utah
Replied: 12/29/2011
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Answer Applies to: Utah
Replied: 12/29/2011
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Answered By: Law Office of Dede J. Agrava
When you file for bankruptcy you may get the debt listed on the petition discharged, any debt incurred after you file is not part of your bankruptcy and will not be discharged as part of that bankruptcy. You need to talk to a Bankruptcy Attorney because certain actions can be considered fraud and can get you in a real mess. I am not sure what paperwork you are talking about filling out at the bank. The forms for Bankruptcy are filed with the Court not the Bank.
Answer Applies to: California
Replied: 12/29/2011
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Answer Applies to: California
Replied: 12/29/2011
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Answered By: Bankruptcy Law office of Bill Rubendall
When you file bankruptcy you must list all assets and all debts. Your credit cards will be revoked. You need to live within the income you have. You may want to consult with a non profit credit counselor.
Answer Applies to: California
Replied: 12/29/2011
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Answer Applies to: California
Replied: 12/29/2011
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Answered By: Law Office of Margaret D. Wilson
You cannot file for bankruptcy and use your credit cards. When you use your credit cards you are basically asserting that you have the ability to repay but if you use them with the knowledge that your intent is to file bankruptcy then that is credit card fraud. You should contact a bankruptcy attorney to pre-bankruptcy planning.
Answer Applies to: California
Replied: 12/29/2011
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Answer Applies to: California
Replied: 12/29/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
All of your credit cards will be canceled when you file for bankruptcy protection. Charging for things you know you can't pay back is fraud.
Answer Applies to: California
Replied: 12/29/2011
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Answer Applies to: California
Replied: 12/29/2011
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Answered By: Bird & VanDyke, Inc.
NO!!! If you file for bankruptcy you cannot continue using the credit cards.
Answer Applies to: California
Replied: 12/29/2011
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Answer Applies to: California
Replied: 12/29/2011
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Answered By: Dan Wilson Bankruptcy
Your credit cards will be canceled. Post bankruptcy you will be on a cash basis.
Answer Applies to: Colorado
Replied: 12/29/2011
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Answer Applies to: Colorado
Replied: 12/29/2011
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Answered By: Law Offices of Joseph A. Mannis
Unfortunately, credit card usage right before the bankruptcy filing could lead to trouble, such as the creditor filing a non-dischargeability action (which seeks to have their debt NOT discharged). As uncomfortable as it may be, you have to stop using the credit cards. If you have credit cards that are active after the bankruptcy, and were somehow not canceled, then you may use those, but of course those debts would be incurred after the bankruptcy filing and would not be dischargeable. Hope that helps.
Answer Applies to: California
Replied: 12/29/2011
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Answer Applies to: California
Replied: 12/29/2011
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Answered By: Diana K. Zilko, Attorney at Law
You cannot continue to use your credit cards and then file for bankruptcy. You need to find a way to pay your bills some other way.
Answer Applies to: California
Replied: 12/29/2011
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Answer Applies to: California
Replied: 12/29/2011
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Answered By: Diefer Law Group, P.C.
You cannot file for bankruptcy and continue to use credit. All of your credit cards will be closed when you file for bankruptcy. In fact, you must be careful because any charges you make prior to filing can be considered fraud if you file a bankruptcy immediately after the charges.
Answer Applies to: California
Replied: 12/29/2011
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Answer Applies to: California
Replied: 12/29/2011
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Answered By: The Law Office of Darren Aronow, PC
Your creditors will all get notified when you file bankruptcy and will stop your credit card usage. You can get a secured credit card to hold you over until your bankruptcy case is discharged and then you can get new credit cards afterwards.
Answer Applies to: New York
Replied: 12/29/2011
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Answer Applies to: New York
Replied: 12/29/2011
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Answered By: AyerHoffman, LLP
You should not be using your credit cards if you are contemplating seeking a discharge of the debts through bankruptcy. This is considered fraud and will usually result in a dismissal of your case. Exceptions are sometimes made for the purchase of necessities, but generally only in situations where the debtor (you) have not yet contemplated filing for bankruptcy. You should consult with a debt relief/bankruptcy attorney to determine the best course of action for you.
Answer Applies to: Massachusetts
Replied: 12/29/2011
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Answer Applies to: Massachusetts
Replied: 12/29/2011
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Answered By: Gregory J. Wald, Attorney at Law
Your credit cards will probably all be closed after you file bankruptcy. If you owe balances on them, you must include them in the bankruptcy. It is probably not a good idea to borrow on credit cards after filing for bankruptcy anyway.
Answer Applies to: Minnesota
Replied: 12/29/2011
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Answer Applies to: Minnesota
Replied: 12/29/2011
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Answered By: Sanders Law, P.A.
No, you should not use any credit cards for at least 90 days before filing.
Answer Applies to: Florida
Replied: 12/29/2011
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Answer Applies to: Florida
Replied: 12/29/2011
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Answered By: Ryan Legal Services, Inc.
You absolutely cannot keep using your credit cards after you file a bankruptcy case. Most credit card lenders will terminate the cardmember agreement upon a bankruptcy filing, so as to avoid the possibility of violating the bankruptcy stay order by continuing to collect the balance. Also, if you have no income and no intention of paying the charges you propose to make, you are committing fraud.
Answer Applies to: Ohio
Replied: 12/29/2011
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Answer Applies to: Ohio
Replied: 12/29/2011
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Answered By: Jakob-Barnes Law Firm, LLC
If you file for bankruptcy, your credit cards will be closed.
Answer Applies to: Georgia
Replied: 12/29/2011
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Answer Applies to: Georgia
Replied: 12/29/2011
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Answered By: Law Office of Michael Johnson
You cannot continue to use credit cards and file a bankruptcy. ALL debt like credit cards will be included in bankruptcy and will be closed.
Answer Applies to: Florida
Replied: 12/29/2011
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Answer Applies to: Florida
Replied: 12/29/2011
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Answered By: Lakelaw - Loop Bankruptcy
Bankruptcy will result in cancellation of your credit cards because these are "financial accommodations" - the lender has no obligation to extend credit to you on an ongoing basis and particularly not after you file a bankruptcy case.
Answer Applies to: Illinois
Replied: 12/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 12/29/2011
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Answered By: Carballo Law Offices
No, if you are filing for bankruptcy then you have no intention to pay and using credit without intention to pay is fraud. You can stop paying and must stop using.
Answer Applies to: California
Replied: 12/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/28/2011
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Answered By: The Schreiber Law Firm
If you file bankruptcy, most of your credit cards will terminate your use of the cards and no credit card company will give you a card if you just filed bankruptcy. If you blow out your credit cards just before filing, that is considered fraudulent and the credit card company can keep that debt from being discharged.
Answer Applies to: California
Replied: 12/28/2011
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Answer Applies to: California
Replied: 12/28/2011
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Answered By: The Stockman Law Office
No. If you no longer need to pay credit card and other debt, that should leave you with the extra cash you need to pay your monthly expenses.
Answer Applies to: Florida
Replied: 12/28/2011
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Answer Applies to: Florida
Replied: 12/28/2011
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Answered By: Law offices of John P. Brooke
Bankruptcy law prohibits a debtor from incurring a certain amount of debt within 90 days of filing, as it is presumptively not dischargeable. Generally, a creditor can make an objection if you put $500 or more with 90 days of filing for goods or services that are a "luxury." You should speak with a local, experienced bankruptcy attorney that offers a free consultation about your options. The more pertinent question is if you do file for bankruptcy and you have no credit cards to live on how are you going to survive? You won't be able to live off debt and will need to consider how you will pay for everyday items such as food and gas for your car.
Answer Applies to: New York
Replied: 12/28/2011
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Answer Applies to: New York
Replied: 12/28/2011
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Answered By: Law Office of L. Paul Zahn
After filing for bankruptcy, it is highly unlikely that you will still be able to use your credit cards.
Answer Applies to: California
Replied: 12/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Bankruptcy
- Are my children's education funds included in a bankruptcy?(1/16/2012)
- Can I cancel my bank account before the creditors take my money?(1/16/2012)
- Is it possible to file for bankruptcy if I am outside the country?(1/16/2012)
- What happens if I change my mind about the chapter 13 payment plan?(1/16/2012)
- Does filing a Chapter 7 bankruptcy protect one from going to jail for child support?(1/15/2012)
- If two names are on mortgage, if one files for bankruptcy can the other lose the home?(1/14/2012)
- Can I file for bankruptpcy if my divorce is not finalized yet?(1/5/2012)
- Can I still file for a chapter 13 bankruptcy if I just got fired?(1/5/2012)
- After a chapter 13 bankruptcy what assets am I allowed to keep?(1/5/2012)
- What happens if I file for a chapter 7 bankruptcy and my debts are not all liquidated?(1/5/2012)
- What happens if I file for bankruptcy while my home goes into foreclosure?(1/5/2012)
- If I file for bankruptcy can I still use my credit cards?(12/28/2011)
- Can I leave the country if I am filing for bankruptcy?(12/22/2011)
- Can filing for bankruptcy prevent me from taking out a student loan?(12/22/2011)
- Can I file for bankruptcy before I am married?(12/22/2011)
- Can I get my bankruptcy removed from my credit report?(12/21/2011)
- Why is the bank still calling me if I am filing a chapter 7 bankruptcy?(12/21/2011)
- Can I keep my bankruptcy petition private?(12/21/2011)
- Is there anything I can do if a creditor files bankruptcy for me?(12/21/2011)
- When is it too late to add anything to my bankruptcy file?(12/21/2011)
