Can I Leave A Creditor Out Of My Bankruptcy?
Many clients ask us if they can leave a certain credit card or account out of their bankruptcy. Most of the time our clients want to hang onto one card for various reasons including the ease of making travel arrangements and rebuilding their credit. Some of our clients also want to continue their relationship with certain stores or accounts.
Unfortunately, all creditors do have to be listed in a bankruptcy. However, if a credit card is at a zero balance at the time of filing, it does not have to be listed. Before you rush out and pay off that one card you want to keep, take caution.
Preference Payment
Paying off a debt over a certain dollar amount prior to filing bankruptcy can be considered a preference payment. This means that you gave preference to one of your creditors over the others. This can lengthen the amount of time you are in active bankruptcy as a trustee can go after those funds, and distribute them equally to all of your creditors. If you are considering paying off a card before filing, talk to your bankruptcy attorney first.
In addition, most credit cards, even when they are not listed in your filing, will most likely find out about the bankruptcy on their own and close the account. Most credit card underwriters employ monitoring systems that alert them when an account holder files bankruptcy.
For more information, contact your Modesto bankruptcy attorney at 707-385-0422.
Categorized in: Debt