How many consecutive months of payment do you need to make on a credit card before it can be added to a bankruptcy filing?

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How many consecutive months of payment do you need to make on a credit card before it can be added to a bankruptcy filing?

I had to pay some things and purchase some things using credit.I find myself in a financial disaster and it looks like I will need to file bankruptcy. How many months payments need paid on these cards before I can add them to my debts and file?

Asked on August 10, 2011 Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There isn't any requirement of a certain number of months of payment on a credit card before including the creditor in your bankruptcy; however, if you ran up credit card debt just to file bankruptcy, you could be liable for fraud.

Depending on your income and other factors, you may be eligible to file Chapter 7 Bankruptcy.  Chapter 7 is straight liquidation which eliminates your debts.  If you are not eligible for Chapter 7, you will have to file Chapter 13 Bankruptcy.  Chapter 13 requires a plan (budget) for repayment of your creditors.

It would be advisable to speak with a bankruptcy attorney to determine whether you are eligible for Chapter 7 or whether you will have to file Chapter 13.


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