Tuesday, June 11, 2013

CAN I CHOOSE WHICH DEBTS TO INCLUDE IN MY BANKRUPTCY PETITION?

The short answer is "no, you cannot select certain debts to include in your bankruptcy petition."  The federal statute clearly states that all debts of a debtor must be included in a debtor's bankruptcy petition, however, if a debtor would prefer that a certain debt not be discharged, he/she can reaffirm the debt if they wish.  Generally, only secured debts are reaffirmed, but legally, you can do so with any debt.  Debtors often ask if they can leave certain debts off their petition because they do not want a certain creditor learning that they have filed bankruptcy or would like to continue use of a certain account.

http://www.westmontattorneys.com/Bankruptcy?