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Sadly it looks like i am headed towards filing a chapter 7 BK, I will be reafirming my home which has never been late and i am wondering if i can keep two credit cards that have zero balance on them. my hope is that with the home loan reporting paid as agreed and two credit cards in good standing that rebuilding credit won't be a horrible deal to go through. is it possible to keep cards that were pre chapter 7 if they have no balance and are not claimed in the BK?
Probably not. Lenders see a list of BK filers and once your SS# is matched up to their account... They close the account.
Sometimes an account slips through the cracks but I wouldn't count on it.
1. Don't reaffirm your house unless you have equitly. In NV, the courts won't even let you if you do have equity because there's literally no reason to do that. Also the homeloan doesn't have to report (and usually doesn't report) even when you reaffirm. There are fringe examples where it does, but they're fringe.
2. All creditors must be noticed of the BK. Even if you don't owe them. Most (but not all) will automatically close the accounts even w/ zero balances.
There's really not much reason to keep the cards open that I've found. History prior to BK doesn't count for much at all, unless you were ever late and the account isn't IIB. The BK is a reset switch. My advice? Don't play games. Hit the reset button and start over, it's really not that hard (see the 7 to 700 plan). Playing games makes for headaches and drama.
Whatever you do, good luck!
Cheers,
-SM
i dont believe the OPs intention is to play games with the credit card companies. why close a card voluntarily survived bankruptcy, especially if the good history still reports? if the creditor doesnt close it, let it be. my attorney strongly encouraged me to not close any cards. in my case, it turned out well for me......there isnt a need for me to apply for credit or try to reestablish credit.
in my case i have zero derogatory reports on my credit reports. everything shows paid as agreed. so the only ding on my bureau will be the BK. the two cards in question are a home depot card and a JC penny card. I have zero equity in the home but still want to retain it as i have lived here 5 years and love the home and area it is in. i didnt realize they will stop reporting after a BK
@Alpha wrote:in my case i have zero derogatory reports on my credit reports. everything shows paid as agreed. so the only ding on my bureau will be the BK. the two cards in question are a home depot card and a JC penny card. I have zero equity in the home but still want to retain it as i have lived here 5 years and love the home and area it is in. i didnt realize they will stop reporting after a BK
Maybe the mortgage will continue reporting to the credit bureaus if the loan is reaffirmed. No one can say for sure one way or the other.
If you search on this forum, you'd find a lot of stories of people who are still occupying their homes even though they did not reaffirm their mortgages. You may want to rethink your decision to reaffirm your mortgage as you will lose all protection afforded to you by the bankruptcy if you default on your mortgage after the discharge.
You can still live in the home if you don't reaffirm the debt as long as you continue to make the payments. The last thing your lender wants is to have to foreclose/deed-in-lieu and end up with an REO property on their books. I agree with the suggestion of not reaffirming the mortgage since you have no equity. This will provide you financial protection and flexibility if needed down the road if your current housing situation no longer makes sense. You will not be encumbered by property with no equity; thus limiting your options to move and/or purchase a more desirable or financially sensible property down the road. Keep your options open.
Agree with the others, it is better for you to NOT reaffirm your mortgage.
If you choose to stay in your home and continue to make the payments on time during Bk and after your discharge, your mortgage tradeline will read IIB and zero balance. If it doesn't read that, then you can have it corrected. Any equity you accrue through the years is yours to keep. You can make the payments and keep the house and sell whenever it is good for you. The equity is yours.
If you run into financial difficulty down the road, you can then make a decision to do what you need to do: sell or walk away (not advised, but an option). The bank would have to foreclose, but your mortgage tradeline still reads IIB and zero and can't subsequently be changed to read "foreclosure" even if the property is subsequently foreclosed.
However, if you reaffirm then if you run into difficulty and have to go through a foreclosure, it is reported as 1) Bk on your credit report and 2) Reaffirmation and 3) Foreclosure. That is huge disservice to you. Difficult to overcome and needless to go through.
Bk is a real hit to your credit report. You can recover from it but use the Bk wisely, to your benefit.
If you really, really, really want to have a mortgage tradeline reporting on your credit. Then refinance your mortgage 2 years after your BK. You will have to provide evidence of each payment made on time to the underwriter. Since it won't show on your report, just show your bank statements or canceled checks for each payment made to substantiate the on time payments. You would probably have to be manually underwritten anyway, so one more bit of documentation isn't a big deal since you know about it now anyway