Friday, May 20, 2011

Do all creditors have to be listed in the bankruptcy?

People often tell me that they have a debt that they wish to continue to pay and that
they do not want to list it in their bankruptcy.  This is not possible.  Regardless of which
type of bankruptcy you file, you have to list all of your debts, whether you
desire to continue to pay them or not.  If you are filing a chapter 7, it may be possible
to "reaffirm", or agree to continue to pay the debt.  This is fairly common with cars.

When you sign your bankruptcy schedules you will be signing under oath, under penalty
of perjury, that the documents are true, correct, and complete.  If you intentionally
leave a debt off of your schedules, you are violating this oath and could subject yourself
to criminal or civil penalties, or as they say at the U.S. Trustee's offices, possibly jail time.

If you want to keep a debt, discuss it with counsel and we will advise you whether that is
possible, and how it works.  Don't put yourself in jeopardy by swearing your documents
are true and correct when they are not.

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