In a bankruptcy action is the debtor able to choose which debts are discharged? - Bankruptcy Law Questions and Answers- LawQA.com

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In a bankruptcy action is the debtor able to choose which debts are discharged?

In other words, if some accounts are current, can the debtor choose not to discharge those and just discharge the ones which are months overdue?

Mercado & Hartung, PLLC
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You shouldn't/can't reaffirm unsecured debts. It's all or nothing when it comes to your credit cards.

Answer Applies to: Washington
Replied: 1/17/2012

Answer By David VanDyke
Bird & VanDyke, Inc.
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All debts must be listed in your bankruptcy filing and will be dishcharged. You can make arrangements to pay back this debt if you want. I would not advise paying on any debts that you have no legal obligation to pay.

Answer Applies to: California
Replied: 12/29/2011

Answer By C. David Hester
Guardian Law Group PLLC
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That would not be possible in a Chapter 7 as all debts are treated the same.

Answer Applies to: Utah
Replied: 12/28/2011

Answer By Jim Underhill
Neighborhood Law Office, P.C.
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This is a question which is often asked about bankruptcy. The answer is no. A Debtor MUST list all debts of every kind and to everyone, and must also list all assets and all income. This is why talking to an attorney as soon as you feel that bankruptcy may be necessary, so that you can find out how to prepare yourself and your finances and assets in a way to maximize the benefit and minimize the loss of assets. Most people find that they lose no assets in a Chapter 7 because of the applicable exemptions. However, some people try to "prepare" and do not consult a lawyer, ending up with a problem. For example, a debtor has a car worth $10,000, with a loan balance on the car of $6000. The debtor then pays off the car thinking that will protect the asset from his "creditors." In fact, here's what happened. In Colorado a car exemption is $5000. So when the debtor started he had a car with only $4000 in equity, well below the exemption and all was fine - the debtor would keep the car and pay the loan as normal. However, when the debtor paid off the car, the car now had $10,000 in equity, $5000 too much for the exemption. The debtor would either have to surrender the car to the trustee (not the creditor) or pay the trustee $5000 to keep the car.

Answer Applies to: Colorado
Replied: 12/28/2011

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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No, they will all be discharged.

Answer Applies to: New York
Replied: 12/28/2011


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When a consumer Debtor files a Chapter 7 bankruptcy, she must list every debt she owes (current or not). The Debtor can generally keep secured accounts (house, car) by maintaining payments and insurance and signing a reaffirmation agreement. I suppose it is theoretically possible to keep a credit card but it would be up to the credit card issuer and I have never even seen one offer to do. In any case, I would rarely recommend that a client keep any debt that should could discharge in a bankruptcy even if the creditor would agree to allow her to keep an account open.

Answer Applies to: Wisconsin
Replied: 12/28/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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All your debts will be discharged, (assuming no fraud or other weird facts). All your creditors will know as the information is purchased everyday and sent to them, *and the law requires you list all of your debts. *

Answer Applies to: California
Replied: 12/28/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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In a Colorado Bankruptcy, a debtor must list ALL debts, even those debts that the debtor intends to keep paying. If you intend not to discharge an unsecured debt, such a credit card, you must enter into a Reaffirmation Agreement with the creditor for those debts. Most creditors will not allow you to reaffirm an unsecured debt (and most bankruptcy attorneys will advise you not to reaffirm them). Reaffirming vehicle loans is much more common but shouldn't be done without the advice of an experienced bankuptcy attorney. Bankruptcy law states that if you don't reaffirm a vehicle loan, the creditor may repossess the vehicle. In my experience, most debtors should not reaffirm their vehicle loans. Although reaffirming mortgages are generally discouraged in Colorado, many debtors insist on doing so for credit or refinancing reasons, once again talk to a bankruptcy lawyer. The most common mistake that debtors make is reaffirming a debt that should not have been reaffirmed.

Answer Applies to: Colorado
Replied: 12/28/2011

Law Office of John C. Farrell, Jr.
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The short answer is no cannot choose which debts to discharge and which ones you do not wan to discharge.All your property and all your debts that are known to you must be listed in your bankruptcy papers. However,some debts can be reaffirmed which means you the filer will be personally liable for them after bankruptcy. There may be property they you can keepunder the state's exemption system.

Answer Applies to: Massachusetts
Replied: 12/28/2011

Law Office Of Magnolia Zarraga
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A debtor cannot choose which debt to discharge. All debt must be listed and therefore all debt is discharged, with the exception of student loans, certain taxes, domestic support obligations and criminal restitution.

Answer Applies to: California
Replied: 12/28/2011

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