Can filing bankruptcy in New Hampshire get rid of credit card debt?

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Question:

Can filing bankruptcy in New Hampshire get rid of credit card debt?

Answer:

Filing bankruptcy in NH provides an important last resort option for people who have debt that they cannot manage to pay. While you need to think about several factors when deciding whether to file bankruptcy, such as what it will do to your credit, one of the most important considerations is whether bankruptcy will actually be able to do anything about the specific debt you have. Bankruptcies, while they offer broad protection, don't wipe out all debt. For example, student loans or child support can't be dealt with by bankruptcy. Fortunately, however, for those who are struggling with credit card debt, bankruptcy can provide relief. However, whether that bankruptcy will get rid of credit card debt or not is a different question and one that can only be answered by considering which chapter of bankruptcy you have to file:

  • If you are eligible for chapter 7, you can "get rid" of credit card debt, in the sense that most if it will be discharged and you won't have to pay it back. However, there's a price to pay.  All non-exempt assets will need to be sold at a bankruptcy sale and the proceeds distributed to creditors. At the end of that, the remaining balance is forgiven. This is called total liquidation bankruptcy, and it is available only to those who make below the median income in the state of New Hampshire, or to those who pass a means test
  • If you are not eligible for chapter 7, your credit card debt can be dealt with through a chapter 13. During this process, you will enter into a repayment agreement that a bankruptcy trustee oversees. The repayment agreement will have you pay back a portion of the debts you owe for between 3-5 years. Your payments will be based on your income

To get help determining what chapter of bankruptcy you are eligible for and what it will do to your credit card debt, you should strongly consider speaking with a bankruptcy lawyer for help.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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