When filing bankruptcy, must ALL creditors be listed?
Asked on Mar 05th, 2012 on Bankruptcy - California
More details to this question:
My husband & I are living on 2 part-time jobs and can''t pay our bills. All but one of our 4 credit cards are overdue. I''ve been served a Writ of Execution and Notice of Levy from one of the banks for the balance owed, but I have no money or assets for them to take. Filing bankruptcy will help to stop the phone calls, but at the age of 58 it makes me VERY nervous to not have a credit card in the event of an emergency. Is it possible to keep one open when filing bankruptcy? Also, if I do not file bankruptcy and have earnings and/or assets in the future, how long is the Levy good for, i.e. can they garnish wages and take assets in the future?
Yes, you are required to list anyone or any entity to whom you owe money, or anyone to whom you might owe money in the future. Even if you do not list a creditor, it is very likely that the card would be canceled anyway. All credit card companies have the right to pull your credit on a regular basis. My experience is that these days, the banks are looking for reasons to cancel cards and if they discover later that you filed bankruptcy, they will usually cancel your card even if they were not listed in the bankruptcy. Further, some credit card companies, like American Express, actually go out and actively seek bankruptcy information. If you file bankruptcy, don't list American Express in your bankruptcy, but you have a card with them, they will cancel the card within a week even if you don't owe them a penny when you file. Finally, many credit cards are serviced by the same few banks, so notice to one may trigger cancelation of another. In short, these days it is almost impossible to keep a credit card through bankruptcy. The sole exception may be credit union accounts, so long as you don't owe them anything else that gets discharged in bankruptcy.
Your best bet is to file bankruptcy, clear all of your debt and before you even receive your discharge, you will start receiving offers for secured credit cards. Start with that, and rebuild your credit. Over a million people filed bankruptcy last year - most in similar financial condition as you - and they all generally survive without a credit card. You would be surprised what you can do once freed of the cards. With a judgment, they can garnish wages, levy bank accounts, and require you to go to court for Judgment Debtor exams. With a judgment, a creditor can really, really mess with you. Judgments are good for 10 years, and can be renewed for another 10, so that creditor isn't just going away soon.
David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com
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