If your credit card bills are due but funds are scarce, then you’ must have been hit by the credit card bug, the one that breeds off your inability to practice wise money management. Don’t worry, its quite common in the US. According to Federal banks of Boston, the average credit card debt per household with credit card debt is $15,799 and approximately 609.8 million credit cards are held by U.S. consumers these days. Therefore, if your credit problems are gradually spiraling out of control then, you must know that you are staying at the dangerous late-payment territory. If this situation continues for long, and you can’t consolidate bills in any way, creditors can file a lawsuit against you and can attain right to garnish your wages, place a lien on your assets or can simply force you to file bankruptcy. However, bankruptcy could be a blessing in disguise for you, as it can give you a financial fresh start, by eradicating your existing debts or just by offering a convenient repayment plan. However under certain conditions creditors can stop the discharge of your debts. Read on to know more in this regard.
Bankruptcy
If you file for personal bankruptcy like chapter 7 or chapter 13, you will no longer remain legally liable to repay the debt amount. Once you are declared bankrupt, neither creditors nor collection agencies can take any from legal action against you and have to cease all types of interactions regarding the discharged debt.
Chapter 7 bankruptcy
Under a Chapter 7 bankruptcy plan, you usually liquidate all your non exempt assets under the supervision of a court appointed trustee and use the money to pay off the amount owed. Credit cards and other unsecured debt could be easily eliminated thorough bankruptcy. However consumers who are filing chapter 7 bankruptcy wont be able to file bankruptcy again before 7 years.
Chapter 13 bankruptcy
However, declaring chapter 13 bankruptcy help a consumer to keep their home and other assets in tact, which they might lose if they filed for a Chapter 7 bankruptcy. Under a chapter 13 plan you can liberate Credit cards and other unsecured debt as well. Here the debt could be paid back as per the federal bankruptcy court approved payment plan. If you have just filed a chapter 13 bankruptcy, you have to wait for at least two years from the release date of the bankruptcy to file bankruptcy again.
Consideration
However, creditors can challenge the credit card discharge in a Chapter 7 or Chapter 13 bankruptcy, if they consider the debt is incurred by deceitful means. In fact creditors can notify the Credit card debt as non-dischargeable, provided the information given on the credit card application are found to be scam or in case the debtor, who are not at all wiling to repay the loan misused the credit card. Fraud could be assessed by a number of ways. For example, if there is a sudden increase in the credit card’s usage just before filing for bankruptcy or incurring a huge bill right before filing bankruptcy or using the card to make large purchases when the debtor is experiencing a job loss. Under all these aforementioned situations it’s clear that the debtors are quite sure that the charges can be paid back I future, so they have incurred the credit card debt intentionally.