How many consecutive months of payment do you need to make on a credit card before it can be added to a bankruptcy filing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How many consecutive months of payment do you need to make on a credit card before it can be added to a bankruptcy filing?

I had to pay some things and purchase some things using credit.I find myself in a financial disaster and it looks like I will need to file bankruptcy. How many months payments need paid on these cards before I can add them to my debts and file?

Asked on August 10, 2011 Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There isn't any requirement of a certain number of months of payment on a credit card before including the creditor in your bankruptcy; however, if you ran up credit card debt just to file bankruptcy, you could be liable for fraud.

Depending on your income and other factors, you may be eligible to file Chapter 7 Bankruptcy.  Chapter 7 is straight liquidation which eliminates your debts.  If you are not eligible for Chapter 7, you will have to file Chapter 13 Bankruptcy.  Chapter 13 requires a plan (budget) for repayment of your creditors.

It would be advisable to speak with a bankruptcy attorney to determine whether you are eligible for Chapter 7 or whether you will have to file Chapter 13.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption