Bankruptcy.lawBankruptcy.law

Debts & discharge

Open Credit Cards and Accounts You Are Current On When You File Bankruptcy

Federal law requires you to file a list of creditors and a schedule of liabilities covering every debt you owe, so a credit card you are current on still gets listed (11 U.S.C. § 521(a)(1)). Listing it does not close it, but card issuers commonly close accounts on their own once a bankruptcy filing appears. Keeping a card is generally not something you can promise yourself in advance.

Key points

  • Section 521(a)(1) requires a list of creditors and a schedule of assets and liabilities, and official court instructions say to list every creditor's claim even when the claim is contingent, unliquidated, or disputed.
  • A zero-balance card is not a debt you owe, but the account relationship is something you should discuss with a bankruptcy lawyer before assuming it survives.
  • Filing does not force an issuer to close your account, and it does not force an issuer to keep it open either.
  • Leaving a creditor off your papers can put that debt outside the discharge under 11 U.S.C. § 523(a)(3) and can expose you to serious consequences for a false statement.
  • A reaffirmation agreement under 11 U.S.C. § 524(c) is the formal way a debt survives bankruptcy, and it is a decision to make with a lawyer, not a way to hang onto a credit card.

Almost everyone filing bankruptcy has at least one card they have kept current, and almost everyone hopes to keep it. It feels like the one piece of financial life still working. This page explains what the law actually requires you to disclose, what happens to accounts after a filing, and where the honest uncertainty lies.

Do I have to list every credit card, even the ones I am current on?

Yes. Under 11 U.S.C. § 521(a)(1), a debtor must file a list of creditors and, unless the court orders otherwise, a schedule of assets and liabilities. That duty is not limited to accounts in default or accounts you want discharged. Official court instructions describe the point plainly: the court needs to know who all your creditors are and what types of claims they have, and you must list the claims of all your creditors in your schedules even if the claims are contingent, unliquidated, or disputed (Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals). Unsecured accounts, which is what most credit cards are, go on Schedule E/F. Being current changes the balance you report; it does not change whether the creditor belongs on the list. If you owe the issuer anything at all on the filing date, that is a claim, and a claim gets scheduled.

  • Current, past due, and in collection all get listed the same way.
  • Cards you rarely use still get listed if a balance exists.
  • Disputed or uncertain amounts get listed, not omitted.

What actually decides whether a card stays open after I file?

The Bankruptcy Code governs your duty to disclose and what happens to the debt. It does not order a bank to keep offering you credit. That decision belongs to the issuer, and issuers commonly close accounts once a bankruptcy filing shows up, including accounts with a zero balance and a perfect payment history. Bankruptcy filings are publicly available records, and courts note that they do not control what appears on a credit report or how a consumer's credit file is handled (Bankr. D. Md. official guidance). So there are two separate questions. First, does the law require the account on your papers? That answer is set by 11 U.S.C. § 521(a)(1). Second, will the bank continue the relationship? That is a business decision no filing can compel, which is why nobody should plan a household budget around a card surviving.

Two different questions people often merge
QuestionWho decidesWhere it comes from
Must the creditor be listed?Federal law11 U.S.C. § 521(a)(1)
Is the balance discharged?The court and the Code11 U.S.C. § 523 exceptions
Does the account stay open?The card issuerNot governed by the Code
Can I agree to keep paying a debt?You, a creditor, and the court11 U.S.C. § 524(c)

What does federal law say about leaving a creditor off?

Two provisions matter. Section 521(a)(1) creates the duty to file the list and schedules in the first place. Section 523(a)(3) then excepts from discharge a debt that was neither listed nor scheduled under section 521(a)(1), with the name of the creditor, in time to permit the creditor to act. In plain terms, the debt you leave off is the debt most at risk of surviving your case. There is also a warning courts print for every filer: if you knowingly and fraudulently conceal assets or make a false oath or statement under penalty of perjury in connection with a bankruptcy case, you may be fined, imprisoned, or both (Bankr. E.D. La. official guidance — Chapter 13 Form Packet). Omitting a card you hoped to keep is not a quiet convenience. It is a statement made under penalty of perjury about who your creditors are.

  • Listing a creditor is a disclosure duty, not a choice about who gets paid.
  • An unlisted debt can fall outside the discharge under § 523(a)(3).
  • Courts treat schedules as sworn statements.

How does a reaffirmation agreement fit in?

A reaffirmation agreement is the formal, court-supervised way a debt survives bankruptcy. Under 11 U.S.C. § 524(c) it is a contract with a creditor by which you become legally obligated to pay all or a portion of a debt that would otherwise be dischargeable, and the statute requires specific written disclosures before it is effective. Court guidance describes it directly: such an agreement must be filed before the discharge is entered, debtors entering into one without legal representation will need to attend a hearing before a judge to determine if the agreement will be valid, and because reaffirmation takes away some of the effectiveness of your discharge, you are strongly advised to consult legal counsel before agreeing to reaffirm (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide). Reaffirmation is most often discussed for secured property like a car. Signing one to preserve access to revolving credit is a serious decision to raise with a lawyer first.

  • Section 524(c) sets the disclosure and timing requirements.
  • The agreement must be filed before discharge is entered.
  • Unrepresented debtors face a hearing before a judge.

Where do state or local rules change this?

The duty to list creditors is federal and identical everywhere: 11 U.S.C. § 521(a)(1) applies in every district. What varies is local procedure. Districts publish their own checklists and deadlines for the schedules, and adding a creditor after you file is a local clerk's-office process. The District of Maryland, for example, publishes that you can add creditors after filing, notes a $32 fee, and points to its local rules for the filing requirements (Bankr. D. Md. official guidance). Deadlines also differ: one district's checklist calls for the schedules within 14 days of the voluntary petition and the list of creditors within 7 days (Bankr. E.D. Mich. official guidance — Chapter 7 Checklist.pdf). State law drives exemptions, which is a separate topic covered on our state pages. It does not change whether a credit card gets scheduled.

  • The listing duty itself does not vary by state.
  • Filing deadlines for the schedules are set locally.
  • The process and fee to add a creditor later is a local matter.

What does this look like in practice?

Say you have four cards. Three are maxed out and behind; one carries a small balance you pay off monthly. All four are creditors on the filing date, so all four are scheduled. Court instructions direct unsecured claims like these to Schedule E/F, and secured claims to Schedule D (U.S. Bankr. Ct. D. Ariz., Instructions for Completing the Bankruptcy Petition, Schedules and Statements). Filing generally triggers an automatic stay under 11 U.S.C. § 362, which commonly halts collection activity on the accounts that are behind. Meanwhile the issuer of the current card learns of the filing through the notice the court mails to listed creditors, and may close the account. That is the ordinary sequence, and it is why lawyers often suggest planning for life without the card rather than around it.

  • Unsecured card claims are reported on Schedule E/F.
  • Secured claims go on Schedule D instead.
  • Listed creditors receive notice from the court.

What documents and information will I need to gather?

Start with a complete creditor list, because that is a filing requirement in its own right, formatted as a mailing list according to the court's instructions and sometimes called a creditor matrix (COB official material — What forms are required?). For each card you will need the issuer's name and mailing address, the account balance as of the filing date, and the account number. Section 521(a)(1) also requires a schedule of current income and current expenditures, a statement of financial affairs, copies of payment advices received within 60 days before the petition date, and a statement of monthly net income. Court filing packets add the practical items: the credit counseling certificate and the filing fee. The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9).

  • Issuer name and mailing address for every card.
  • Balance owed on the date you file, not today's statement.
  • Recent pay records and a statement of monthly net income.

What should you ask a bankruptcy lawyer about this?

This is one of the areas where a short conversation prevents a large mistake, because the instinct to protect a working account is exactly the instinct that produces an incomplete schedule. Bring your full card list, including the ones you would rather not think about, and ask directly about each. Court materials are blunt that neither the bankruptcy court nor the clerk's office can give you legal advice, and that a pamphlet is not a substitute for advice specific to your situation from a qualified attorney (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter). If cost is the obstacle, ask about installment payment of the fee, which the statute permits for an individual commencing a voluntary or joint case. Several districts also publish guidance for people who cannot afford a lawyer.

  • Which of my accounts count as claims on the filing date?
  • What are the risks specific to my situation if an account is omitted?
  • Would reaffirming anything make sense here, and why or why not?
  • What is the local deadline and process if a creditor needs to be added later?

Frequently asked questions

Can I leave out one credit card so I can keep using it?
No. Section 521(a)(1) requires a list of creditors and a schedule of liabilities, and the schedules are signed under penalty of perjury. Beyond the risk of a false statement, 11 U.S.C. § 523(a)(3) excepts from discharge a debt that was neither listed nor scheduled in time for the creditor to act, so the omitted debt is the one most likely to survive your case.
Do I list a card with a zero balance?
Discuss it with a lawyer rather than deciding alone. A creditor is someone to whom you owe money, and if nothing is owed on the filing date, the analysis is different from an account carrying a balance. Court instructions still direct you to list claims that are contingent, unliquidated, or disputed, so the safe course is to raise every account with counsel and let the answer be deliberate.
Will my credit cards automatically be closed when I file?
Nothing in the Bankruptcy Code orders an issuer to close your account. In practice, issuers commonly close accounts after learning of a filing, including accounts in good standing, because bankruptcy filings are publicly available records. Courts are explicit that they do not report to credit bureaus and do not control credit files, so the outcome rests with the bank rather than the court.
What happens if I realize after filing that I forgot a creditor?
Districts have a process for adding creditors after a case is opened. The District of Maryland, for example, publishes that you can add creditors after filing, charges a $32 fee, and directs filers to its local rules for the requirements. Raise it with your attorney or the clerk's office quickly, because timing affects whether the creditor could act in your case.
Is a reaffirmation agreement a way to keep a credit card?
Reaffirmation under 11 U.S.C. § 524(c) makes you legally obligated again on a debt that would otherwise be dischargeable. Court guidance says such an agreement must be filed before discharge is entered, that unrepresented debtors face a hearing before a judge, and that reaffirming takes away some of the effectiveness of your discharge. It is a decision to make with a lawyer, not a shortcut to keeping revolving credit.
Does listing a card mean the balance goes away?
Listing is a disclosure step, not a discharge guarantee. Section 523 sets out exceptions to discharge, including debts obtained by false pretenses or actual fraud. It also creates presumptions of nondischargeability for consumer debts owed to a single creditor aggregating more than $500 for luxury goods or services incurred within 90 days before the order for relief, and cash advances aggregating more than $750 obtained within 70 days.
Should I keep making payments on a card I am current on?
Ask a lawyer before changing anything, and ask before the filing rather than after. Payments made shortly before a filing and charges made shortly before a filing both draw attention, and § 523 attaches specific presumptions to recent luxury purchases and cash advances. What is routine in ordinary life can carry different weight in a bankruptcy case, so the conversation is worth having early.
Does a spouse's or co-signer's card get affected?
Chapter 13 includes a codebtor stay: under 11 U.S.C. § 1301, a creditor generally may not act to collect a consumer debt of the debtor from an individual who is liable on that debt with the debtor, subject to exceptions and to relief the court may grant. Chapter 12 contains a parallel provision at 11 U.S.C. § 1201. Bring any joint or co-signed account to a lawyer, since the analysis differs by chapter.

Sources

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

Related

Turn this into a plan for your exact situation, state, and court.

See My Debt Relief Options