Can I Keep My Credit Card After Bankruptcy?

Debtors filing bankruptcy often want to keep at least one credit card out of their bankruptcy filing. Their reasoning is that since it is almost impossible to survive in our society without a credit card, keeping one credit card out of bankruptcy would be helpful. However, when a debtor files bankruptcy they are required to include all of their debts in the bankruptcy filing. But they are allowed to “reaffirm” a debt after the bankruptcy filing. When a debtor reaffirms a debt, they are entering into a legally binding agreement that says that that particular debt will be permanently taken out of bankruptcy and that the debtor will repay the debt, adhere to the originals terms of the loan and continue to make payments as agreed. Many debtors reaffirm mortgage debt and car loan debt which are secured loans. They often reaffirm the secured loans in bankruptcy because it allows them to keep the secured property (house or car). However, is it a good idea to reaffirm credit card debt? In most cases it is not a good idea to reaffirm unsecured credit card debt during bankruptcy. Even if a debtor reaffirms credit card debt during bankruptcy, it is not guaranteed that the credit card account will remain open and available for the debtor’s use. A matter of fact, it is highly likely that the credit card account will remain closed and you will be required to repay the debt, plus any additional fees and interest accrued. For debtors filing bankruptcy, the best solution is probably to keep all of your credit card debt in bankruptcy and get a secured credit card after your bankruptcy has been discharged. A secured credit card will allow you to have the convenience of a credit card while rebuilding your credit record.

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Credit Card Laws Change this Month

This is a heads up for people with credit cards. On the 22nd of this month (February) credit card laws will undergo major changes. Thanks to the Credit Card Act passed by Congress last year, credit card laws have been drastically changed. Credit card companies have been forced by the congressional act to change their lending practices and the manner in which they can charge fees, and the due date is the 22nd. Here are a few ways that you might be impacted by the Act.



The Good News:

Banks have lost some of their proverbial teeth. Thanks to the passage of the bill, credit card companies can no longer:

• Charge interest on fees due


• Limit the amount that banks can charge on specific fees (such as late fees and over limit fees)


• If you get pre-approved by a company for a new credit card but you don't want to open a new account for it, you now have the ability to "reject the card" up until you activate the card


• Banks must give you 45 days notice in advance if they want either raise the APR on your accounts


• And more

The Bad News:

Credit Card Companies are trying to grow new teeth to replace the ones that they have lost. Companies are looking to charge new fees for their services to make up for any lost revenue. Here are a few known tricks that will soon be making an appearance:

• Annual fees are on the rise


• The interest rates placed on cards are expected to rise as card companies try to find new ways to make up for their lost revenue


• Chase changed balance transfer fees from 3% interest to 5%


• Bank of America instituted a great deal of changes, including the ability to raise the APR on future accounts if you miss a payment (go here for a more in-depth review of BoA's changes)

Keep A Watch Out:

The most important thing to get out of this is that you, the consumer, are now more protected than ever before. Banks now have to give you a heads up on policy changes, rate increases, etc... something that they did not have to do in all cases before. As long as you pay attention to your monthly statements released by your credit card companies and any email notification that you recieve from then, you should be well ahead of the curve. Good luck!

Related Links:

The Credit Card Act in PDF format is linked here

A Forbes article changes that you can expect to see as a result of the Credit Card Act: Forbes Article

Three Reasons Why You Shouldn’t Get A Home Equity Loan To Avoid Bankruptcy

When it comes to money troubles, friends and family are full of advice. One of the worse pieces of advice given to debtors considering bankruptcy is to get a home equity loan. That could be a big mistake. Here a few reasons why getting a home equity loan to avoid bankruptcy might not be the right move for you:


1.Typically, you can’t use debt to get out of debt. Anyone who has filed bankruptcy can attest to that truth. For most debtors considering bankruptcy, their financial troubles are caused by two problems, 1) lack of income and 2) too much debt. Getting a home equity loan would only worsen the second part that problem and move you closer to bankruptcy despite your best efforts.

2.Taking out a home equity loan could also be the first step towards foreclosure. This can be one of those situations where trying to avoid one situation puts you right into an even worse situation. Debtors who think they can avoid bankruptcy by taking out a home equity loan often find that they can’t pay back the loan or the mortgage and end up facing foreclosure and bankruptcy anyway.

3.Since a home equity loan is considered a secured debt, you won’t be able to discharge it in bankruptcy like credit card debt. A home equity loan works like your mortgage in that it is secured by your home. If you don’t pay the loan, they can foreclose. In bankruptcy, if you want to keep your home, you must pay the home equity loan and your mortgage. But fortunately, you do have the option to surrender the home in bankruptcy, which will release you from the obligation to repay the loan.
 
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