Can filing bankruptcy in Pennsylvania get rid of credit card debt?

Talk to a Bankruptcy Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

Can filing bankruptcy in Pennsylvania get rid of credit card debt?

Answer:

Filing for Chapter 7 or Chapter 13 bankruptcy in Pennsylvania will likely discharge credit card debt under both federal and Pennsylvania bankruptcy law.  There are some exceptions.

Taxes

Paying the IRS on a credit card does not mean the debt will be discharged if you file for bankruptcy before the payment is made. Income taxes are difficult to discharge, but can be done under specific circumstances, regardless of whether the tax payment was made on a credit card.

Recent Purchases for Luxuries

If you have purchased goods in excess of $500 in the 90 days before filing for bankruptcy, the court will likely assume that you had fraudulent intent, knowingly making purchases that you would never pay off. If the court deems these purchases were luxury items, you will still be responsible for these debts.

Cash Advances

If you obtain a cash advance from your credit card totaling more than $750 within the 70 days before filing for bankruptcy, the debt will not be discharged. Again, the court assumes that you have knowingly incurred a debt that you never intend to pay back.

Other Nondischargeable Debt

Many cases are determined on a case-by-case basis. If a debt was incurred due to a malicious, illegal or dishonest act, the debt may not be dischargeable. In most cases, the decision is based on whether the debt would have been incurred if the debtor had not done the act

If you are considering bankruptcy in Pennsylvania, contact a qualified attorney in your state. An attorney specializing in personal bankruptcy can assist in choosing the best option for your situation.

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.

LA-WS4:0.9.22.120430.13848