Can a Credit Card Company Protest My Bankruptcy Petition?

February 27th, 2012 by Reed Allmand

Can a Credit Card Company Protest My Bankruptcy Petition?Debtors overwhelmed with credit card debt may look to file bankruptcy to help them get a fresh start. While there are qualifications to being eligible to file there is also the possibility of a credit card company protesting or blocking your petition. The chances are relatively small and there are measures you can to reduce the risk of the action being carried out when you start the bankruptcy process.

When the bankruptcy laws were revised in 2005, there was a provision created that gives credit card companies a right to block your petition under certain circumstances.  If you have misused your credit card to buy items that are not considered a necessity, the credit card company could basically say that you don’t deserve to file bankruptcy.  So what can you do to reduce the risk of this argument?

Credit card companies may choose to review your purchase history and dispute charges from a year up to the date you file bankruptcy.  If you use your credit card avoid buying luxury items or making purchases that are not necessary.  Necessary purchases would include groceries, utility payments, and items needed for daily living.

Keep receipts and statements to track purchases.  This allows you to have proof that your purchases were for essential items.   You can claim a charge back on the credit card if you brought something that is non-essential.  Questions or concerns should be reviewed with a bankruptcy attorney.


About Reed Allmand


Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand


Subscribe to our e-mail newsletter to receive updates.


Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

Learn More
What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

Learn More

Find Location

  • Dallas Bankruptcy

    5646 Milton Street, Ste. 120 Dallas, Texas 75206
  • Fort Worth Bankruptcy

    860 Airport Freeway, Suite 401, Hurst, Texas 76054
  • More Locations

Meet Our Clients