Can a promissory note be included in bankruptcy? 27 Answers as of August 31, 2011

Generally, a promissory note can be discharged in bankruptcy.

Everything must be included in bankruptcy. If you mean, is it dischargeable in bankruptcy? That depends on what it is for and if it secured. If it is secured by a deed of trust, it follows the property and may be stripped off in some circumstances. If it is a simple note to promise to pay money that is unsecured by any collateral, then it should be discharged absent any fraud. See a knowledgeable local attorney for advice on how best to handle this.

Not only can it be, but is is felony to omit it.

It must be listed. Whether it can be discharged (forgiven as a debt) is a longer discussion.

Yes. It is no different than any other unsecured claim like credit cards or medical bills.

You bet. It's required to be listed. Not optional. Good luck.

Yes, the money you owe on a promissory note can be included in bankruptcy.

If the note is unsecured it can generally be discharged.

Yes, all written debts are based on a promise to pay in writing. Therefore, there must be a promissory note of some kind involving each debt that is writing. Debts are dischargeable whether in writing or not unless the particular debt is by law not dischargeable such as student loans, child support and fines. Therefore, what is important to know if not whether or not the debt is in writing but what the debt is for.... You do not say what the debt is for no one can tell you if it is going to be discharged in bankruptcy. By the way, you have to include all debts in the petition, whether or not dischargeable and whether or not in writing. However, the fact that you include it in the petition does not mean that it will be discharged in bankrutpcy.

Yes it can.

Yes all debts must be listed in your bankruptcy petition.

You can include a promissory note in a bankruptcy if it is not secured. If it is secured, if there is a senior lien holder and the property is worth less than what is owed to the senior lien holder, then you could include it in a bankruptcy.

Yes, unless it's properly secured by filing it at the courthouse or by some other property securing repayment of the debt.

Remove me from this list. I have asked before already.

Yes, the law requires you to list all of your debt.

Any obligation to pay someone money can be included in a bankruptcy. However, if there is collateral for the loan, then the lien will remain after the bankruptcy.

Yes. All debts incurred prior to filing a bankruptcy can be included. This means you will be relieved of all personal liability under a Chapter 7 Bankruptcy.