Thursday, September 24, 2009

Credit Card and Medical Bankruptcy

I just read an online article that talks about filing a "credit card bankruptcy." Over the years I've had people ask about "medical bankruptcies" as well. There seems to be some almost universal misunderstanding that leads people to believe they can file bankruptcy against certain types of debt, such as credit cards or medical bills, but leave out other debt, like home loans, car loans, etc.

Bankruptcy is an all or nothing proposition. You either file against all debt, whether you want to or not, or you file against none. You don't get to pick and choose. It is possible to exempt certain debt from your discharge -- that's called "reaffirming" the debt. But the creditor has to be listed in the first place, which means the creditor will receive notice of the bankruptcy.

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