CAN I FILE BANKRUPTCY TO GET RID OF CREDIT CARD DEBT?

QUESTION:  I have credit card debt that I cannot pay. I would like to file bankruptcy. I have no personal assets. I need assistance with this process. What is the first step?

ANSWER:

You need to contact an attorney to help you determine if you should file for bankruptcy.  Just because you owe money is not a reason to file a bankruptcy case.  The damage to your credit is severe and you may not be allowed to file to discharge debt if your income is too high or you obtained the credit cards improperly or charged when you could not afford to pay back the money you owe.

ARE YOU PAYING THE CREDIT CARDS NOW?

If your income is not sufficient to pay your present living expenses, what happens if you file now?  If you incur additional debt, once you file bankruptcy you cannot file again for a long time.  Before you file bankruptcy, be ready to move forward with your life.  Before you consider filing bankruptcy, you need to make sure you have your future in order.   The decision to file a bankruptcy case should only be taken after full and proper consultation with an attorney.

You and your attorney need to determine if bankruptcy will help you achieve your goals for your future.  Of course, if you do not have a goal, then, how can anyone help you determine the proper course.  You have to decide what you want to do and how you are going to achieve the goals you have.

What do you want to do in five years and how will you achieve that goal is the proper question.  Will filing bankruptcy help you reach the long term goal?

YOUR FUTURE

A creditor cannot beat you or cut off your hand.  Never let a creditor dictate what you are going to do.  If the calls are bothering you, do not answer the phone.  Take your time and decide your next step in the rest of your life.   Do not let the creditors back any decision for you

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.
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