Can I file bankruptcy on accounts that I know are scams? 30 Answers as of June 11, 2012

We purchased internet traffic (WTS) to a shopping site (150 popular stores) WTS said they provided 3mil 600 thousnad proven buyers) to our site.
During 3 major holidays....no sales (except we know there was because we purchased a 269 dollar item) . we signed a no income guarantee, BUT there was a traffic guarantee! ...we did the math down to as small as 1/8th of 1 percent (of what they said we would have for income ) and it would give us enough to pay the credit cards off and money for down payment on a house.
(Never use money you don't already have for an investment)
when we saw no results we contacted all 3 cards...one went after them and got their money back. the other 2 did not.... we cannot pay that amount back (cancer expenses in the house , loss of unemployment ..etc. ) we are both on SSI and just making it every month. (have used all our savings. ) I dont want to file bankruptcy on my legitimate debt, just the 2 fraudulents. can I do that?
thank you
Mrs A

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Law Offices of David H. Relkin
Law Offices of David H. Relkin | David H. Relkin
I would suggest that, if you are planning on filing for bankruptcy every since creditor of yours, whether real or imagined. The scams will be wiped out in the wash.
Answer Applies to: New York
Replied: 6/11/2012
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
If you file bankruptcy, you need to list all of your debts.
Answer Applies to: California
Replied: 6/7/2012
Attorney At Law | Harry D. Roth
Yes, you can file bankruptcy and discharge the debt you identify. There is no such thing as filing on this and not that. You file bankruptcy or you do not. However, nothing and no-one will stop you from paying back a creditor who was discharged in your bankruptcy. If you are on SSI and have used all your savings, you need to be spending your available cash on living expenses, not debt payment. You don't really even need a bankruptcy to stop paying these people. There is really nothing they can do to you if you stop paying except call you a lot and you probably know how to ignore them.
Answer Applies to: California
Replied: 6/7/2012
Alvin Lundgren | Alvin Lundgren
You must list all debts in your bankruptcy filing, however you can after filing pay off any creditor you want.
Answer Applies to: Utah
Replied: 6/7/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Bankruptcy affects ALL your debts.
Answer Applies to: Georgia
Replied: 6/7/2012
    Burton Green, Attorney | Burton Green
    You cannot pick and choose which debts to include in a bankruptcy. You are required to include all your debts. The scam debts will be discharged in the bankruptcy.
    Answer Applies to: Florida
    Replied: 6/7/2012
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    You must list all of the debt you owe. You are not permitted to exclude any debts. With regards to the scam debts, since you did commit any fraudulent act the debt should be dischargeable.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    The Needleman Law Office | Scott Needleman
    You can't choose who you want to list in your bankruptcy. But there may be some causes of action against WTS. I would not know that without seeing all of the signed agreements.
    Answer Applies to: Ohio
    Replied: 6/7/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    You cannot pick & choose you must list all debts. In certain circumstances you may reaffirm a debt.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When you file bankruptcy you must list all debts. If you want to pay back certain debts after bankruptcy you are allowed to do so.
    Answer Applies to: California
    Replied: 6/7/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    BK would probably discharge this debt, but you must list all creditors.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    When you file for bankruptcy, you must list all of your creditors. You cannot choose which ones to keep. If you believe this is fraud then you recourse would be a civil lawsuit, not a bankruptcy filing.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    When you file for bankruptcy, you must disclose all your debts even the ones that you want to keep. However, it is up to the credit card company whether they will allow you to keep and use your account in the future. So, you should negotiate with them before you file. However, most banks will automatically close your account as soon as you file even if you are current on the payments due to the risks involved. Have you filed a police report about the scams.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Law offices of John P. Brooke | John Brooke
    You cannot pick and choose which creditors you want to include in your bankruptcy. You must list all of your assets and all of your liabilities. You cannot give preferential treatment to certain creditors by paying some back and not others.
    Answer Applies to: New York
    Replied: 6/7/2012
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    No you must list all debts by federal law. However you can reaffirm any debt that you wish to pay.
    Answer Applies to: Tennessee
    Replied: 6/7/2012
    The Stockman Law Office | Mary Stockman Esq.
    Yes, however, you must follow the rules and list all of your creditors and assets and income and expenses, etc.
    Answer Applies to: Florida
    Replied: 6/6/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes you can include these debts in your bankruptcy. You will also need to include all other debts as well because all debts must be included.
    Answer Applies to: California
    Replied: 6/6/2012
    Debt Relief Law Center | Roger J. Bus
    Looks like this WOULD be a totally dischargeable debt in a Chapter 7.
    Answer Applies to: Michigan
    Replied: 6/6/2012
    Salberg Murdock
    Salberg Murdock | Jeffrey D. Salberg
    You can file bankruptcy on all credit card debt. However, you will have to list all of your debts and then reaffirm each of the debts you decide to pay. However, you need a thorough review of your fact situation to determine if there are any defenses against the credit card companies' efforts to collect on the debt related to the scam. The charges should have been charged back to the scam business after you advised the credit card companies you didn't received anything of value that was offered by the scam business.
    Answer Applies to: Utah
    Replied: 6/6/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, you can not pick and chose your debt to be discharged you have to disclose all of your debts.
    Answer Applies to: New York
    Replied: 6/6/2012
    Olson Law Firm | Edward M Olson
    Every bankruptcy filing will list all of your assets and all of your debts. It is perfectly legal, however, to enter into "reaffirmation" agreements with only some creditors. In other words, make a new promise to pay their claim. You also have the right to voluntarily pay a debt that was discharged in bankruptcy. Only the creditors are bound by the discharge. They cannot pursue their claim against you. So, yes, if you otherwise qualify for bankruptcy, you can file, and still pay some of your creditors voluntarily.
    Answer Applies to: Michigan
    Replied: 6/6/2012
    Steven Alpers | Steven Alpers
    No you have to include all of your debts in a bankruptcy. The bankruptcy law does not allow you to give a preference to one creditor over another.
    Answer Applies to: California
    Replied: 6/6/2012
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    If you are going to file bankruptcy, then you must list all debts owed. You can elect after your bankruptcy case is over to voluntarily pay back your creditors.
    Answer Applies to: Florida
    Replied: 6/6/2012
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    No, when you file a bankruptcy, you are swearing under penalty of perjury that you have listed all of your debts. You cannot "pick and choose" which debts to include in a bankruptcy. That being said, if you file chapter 7 bankruptcy, there is nothing to prevent you from later voluntarily paying any or all of your debts, if you wish to. In fact, it is codified in the Bankruptcy Code in Section 524(f) of the Code, where it states: "Nothing contained (in this section) prevents a debtor from voluntarily paying any debt." That may not save your credit with that particular creditor, even if you pay them later, so it may not be such a good idea to pay them, i.e. waste of money. Once they receive notice of your bankruptcy, they will likely report it as such to the credit bureaus, with a zero balance. And unless you "reaffirm" the debt (and reaffirming unsecured debt is not a good idea), the creditor that you want to pay may refuse to accept payments, afraid that you would later accuse them of violating the automatic stay or the discharge injunction.
    Answer Applies to: Texas
    Replied: 6/6/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I am sorry to hear of your situation. You should really contact an attorney, have the contract reviewed to see what can be done. If this is truly fraudulent you should be recontacting your credit card companies about it and may wish to speak with your local country prosecutor. Yes, most probably the debts could or would be dischargable in bankruptcy, but again, you should present the entire situation to an attorney before you make any decision. Generally, when you file a bankruptcy you are required to list all of your debts and assets, regardless of their source. The problem here seems to be the bad guys got the money, delivered nothing and you (and the credit card companies who are not the bad guys) are the victims.
    Answer Applies to: Michigan
    Replied: 6/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    When you file bankruptcy, you must list ALL of your debts. You cannot pick and choose who you are going bankrupt on. But you can choose to reaffirm debts. Thus, you cannot file bankruptcy just on debts you believe to be fraudulent.
    Answer Applies to: Florida
    Replied: 6/6/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No, you have to list all of your debts. You can not pick and choose.
    Answer Applies to: California
    Replied: 6/6/2012
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Not quite. When you file for bankruptcy protection, you must list all of your debts, without omission, and they will be discharged. However, nothing prevents you from continuing to pay whatever debts you want to pay after you file for bankruptcy protection, but you no longer have legal liability to do so.
    Answer Applies to: California
    Replied: 6/6/2012
    Bodow Law Firm PLLC | Ted Araujo
    Yes. You should list all potential claims, even the ones that you allege are frauds. Dispute the debt in the schedules.
    Answer Applies to: New York
    Replied: 6/6/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You aren't required to list all creditors when filing for bankruptcy, but even if you don't, your credit will be negatively effected and you may lose your relationship with creditors who you don't attempt to discharge debt from. Rather than file for bankruptcy, perhaps you should consider suing in civil or even small claims court (if they amount you seek to recover is less than the statutory limit). This seems to make more sense than filing for bankruptcy.
    Answer Applies to: California
    Replied: 6/6/2012
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