Can I file bankruptcy in Indiana for credit card debt?

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Question:

Can I file bankruptcy in Indiana for credit card debt?

Answer:

No matter where you live, you can file for bankruptcy to rid yourself of credit card debt. There are some debts you can't erase in bankruptcy, including child support, most back taxes, and student loans (with some exceptions). Aside from debts that fall into one of these nondischargeable categories (and will therefore survive your bankruptcy), the rest of your debts will be discharged at the end of your bankruptcy case. 

Credit card debts will be discharged whether you file under Chapter 7 or Chapter 13. There are major differences between these two types of bankruptcy:

  • In Chapter 7, you must give up any property you own that can't be protected with a state or federal exemption. The trustee can take this property, sell it, and distribute the proceeds to your creditors. You don't have to give up any exempt property, nor do you have to make any payments directly to your creditors. A typical Chapter 7 case lasts four to six months, and your debts will be discharged at the end of the procedure. 
  • In Chapter 13, you don't lose any property. Instead, you must enter into a repayment plan to pay off some or all of what you owe over time (three to five years, depending on your income and debts). Some debts have to be paid in full in Chapter 13; other don't. Once you've made all required payments under your plan, your remaining debts will be discharged (unless they fall into one of the nondischargeable categories). 

The only credit card debts that might not be discharged are debts incurred through fraud. If you run up your bill just before filing for bankruptcy or lie on your application in order to get a card, for example, the credit card issuer might try to convince the court that your bill should be discharged. (For more on this exception for fraudulent bills, see Pre-Bankruptcy Credit Card Charges: Legal vs. Fraud.)

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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