Legal Question in Bankruptcy in Florida

If I take a full bondruptcy will that discharge my credit card debts?


Asked on 4/25/10, 11:35 am

1 Answer from Attorneys

Robert Wilcox Wilcox Law Firm

In most situations, the answer is "yes".

There are a few execptions, such as

(a) you used the card for a cash advance or to buy luxury goods within the few months before you file,

(b) you charged items on the cards at a time when you had no intention of ever paying for them,

(c) you used the cards for fraudulent purposes,

(d) you used the cards to pay off a student loan, and

(e) you used a store credit card (such as Best Buy) where the store takes a lien on the items you bought.

In most cases credit card debt is "unsecured" (meaning there is no collateral for the card issuer to look to repossess if you don't pay), and bankrupcty is usually very effective in getting rid of unsecured debts other than tax debts, student loan debts, and child support and divorce debts.

You should be able to have the credit card debts "discharged" by order of the Fededral Court.

Good Luck.

Robert Wilcox

(904) 281-0700

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Answered on 4/30/10, 11:59 am


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