Filing bankruptcy can help you get rid of credit card debt. Depending on which chapter of bankruptcy you file, will depend on how much will be discharged.
Generally, in a chapter 7 bankruptcy, a debtor will be able get a complete discharge of their credit card debt. This means you will not have to pay any of it back.
There are certain circumstances in which a debtor could have to pay some of their credit card back in a chapter 7. Credit card debts are generally dischargeable; however, if the credit card company can show that the debtor used the credit card fraudulently the court can order that, that specific debt may not be dischargeable in the debtor’s bankruptcy.
An example of fraudulent behavior would arise when a Debtor maxes out their credit cards immediately before they file a bankruptcy without any intention of paying the debt back. Another example would be if you purchase luxury goods or take out a cash advance within the 3 months prior to filing.
If you have questions about your credit card debts and think bankruptcy might be right for you, please call our W M Law office at 913-422-0909 for a free consultation. We have four convenient locations in Kansas and Missouri. Kansas locations: Olathe and Lawrence; Missouri locations: Northland and Independence.