Getting Rid of Credit Card Debt With Bankruptcy
Many people file for bankruptcy because they’ve racked up excessive credit card debt, often using the credit to pay for necessities, like car repairs or medical bills. Both Chapter 7 and Chapter 13 bankruptcy can wipe out credit card debt, with a few exceptions.
Credit Card Debt in Chapter 7 Bankruptcy
Chapter 7 bankruptcy will discharge (wipe out) most or all unsecured, nonpriority debt. Unsecured debt isn’t backed by the property you purchase or other collateral. Nonpriority debt isn’t entitled to special treatment and falls last in line when it comes to payment if money is available to creditors. Medical bills, personal loans, and most credit card debt are common examples of unsecured, nonpriority debt. Examples of nondischargeable priority debts include child support and certain tax debts.
In return, you must give up your nonexempt property, or property that isn’t protected by a bankruptcy exemption. The Chapter 7 bankruptcy trustee will sell your nonexempt property and distribute the proceeds to your creditors.
Exceptions to Discharge: Credit Card Debt Incurred Due to Fraud
In a few circumstances, the creditor can challenge the discharge of your credit card debt. If successful, the court will not discharge the debt, and you’ll remain responsible for paying for it after your case ends. These situations include:
- You made a false statement on your credit card application to deceive the creditor, and the statement was “material” to the credit card issuer’s decision to extend credit to you. For example, you grossly inflated your income.
- You charged more than $725 to any single creditor for luxury goods or services within 90 days of your bankruptcy filing. In this situation, the law presumes that your intent was fraudulent.
- You got a cash advance from any one creditor totaling more than $1,000 within 70 days of your bankruptcy filing.
The amounts are valid for three years as of April 1, 2019. (11 U.S.C. § 523(a)(2)(C)(i)(l).)
Learn about other types of bankruptcy fraud.
When Credit Card Debt Is Secured
In rare situations, the credit card lender may take a security interest in some of your property in the credit card agreement. If this is the case, then the debt isn’t unsecured. You can wipe out the debt, but the creditor will be entitled to the property securing the obligation.
Credit Card Debt in Chapter 13 Bankruptcy
In Chapter 13 bankruptcy, you repay your creditors in full or in part through a repayment plan that lasts three to five years. The plan usually provides for payment of only a portion of your unsecured, nonpriority debt, like credit card debt.
How much you’ll pay will depend on the amount of your disposable income and the value of your nonexempt property (you keep all of your property in Chapter 13, but you must pay for the nonexempt portion). You’ll pay the larger of the two amounts over the course of your plan. Learn about calculating the repayment plan payment.
Most Chapter 13 filers pay only a small percentage of their credit card and other unsecured debts and, at the end of the repayment period, the remaining credit card balance gets discharged.
Can I File Chapter 7 Bankruptcy on Credit Cards Only?
In Chapter 7, you must include all of your debt in your bankruptcy case. But, you can voluntarily repay creditors after the bankruptcy is over if you choose to do so.
Can the Credit Card Companies Sue Me After I File for Bankruptcy?
No. Once you file for bankruptcy protection, bankruptcy’s automatic stay prohibits most creditors from continuing collection efforts against you. The stay extends to credit card companies and prohibits them from suing you, sending you collection letters, calling you, or engaging in other collection activities. To learn more, see Bankruptcy’s Automatic Stay.