How Soon Should I File Bankruptcy After Not Paying Credit Cards?

  1. Filing Before Charge Off

    • Filing bankruptcy before a charge off of a credit card will mean that you will not have to endure months of collection calls and being placed with a collection agency that will send additional phone calls and letters demanding payment.

    Creditors in Court

    • The sooner a bankruptcy filing, the more likely a creditor is to show up in a court hearing. Waiting until after the credit card has been charged off and placed with a collection agency will increase the likelihood that the debt will be discharged because the collector will most probably not appear in court.

    Bottom Line

    • Planning for bankruptcy prior to filing is a wise choice regardless of how long you wait to do so. It's important to note that after four years most companies cannot actively try to collect on a debt, but the debt can continue to be reported for up to seven years, which can cause credit problems. Conversely, after a bankruptcy discharge, rebuilding of credit can be done in just a few years.

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