Does my discharge prevent me from paying personal debts? 22 Answers as of June 10, 2013

I borrowed some money from my brother several years ago but didn't list him as a creditor when filing for bankruptcy. Am I allowed to pay him back legally?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes, you are.
Answer Applies to: California
Replied: 6/10/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You should have included it in the BK, nevertheless you can reaffirm the debt.
Answer Applies to: Washington
Replied: 6/30/2011
The Northwest Debt Relief Law Firm
The Northwest Debt Relief Law Firm | Thomas A McAvity
It does not bar you from paying him back legally. He should, however, have been included among your creditors in your bankruptcy filing. You signed off under penalty of perjury that you had listed all creditors of which you were aware at the time of filing. If you were paying anything back to him in the year or so prior to filing that should have also been disclosed on your petition. I would contact your bankruptcy attorney this week.
Answer Applies to: Oregon
Replied: 6/28/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Your discharge is to protect you. You may chose to pay any debt you wish after Bankruptcy but you are not required to. You should always list everyone even family members who you plan on paying back and do not commit to paying the whole debt in the future just in case you lose a job or have other financial difficulties.
Answer Applies to: New Hampshire
Replied: 6/28/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
He should have been listed. If you want to voluntarily repay discharged debts, you can do so. You're not barred from paying; the creditor is barred from collecting.
Answer Applies to: California
Replied: 6/28/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can give money to anyone you want to. You should have listed him, you declared under penalty of perjury that you listed all of your debts in the bankruptcy case. The word "All" means everyone.
    Answer Applies to: California
    Replied: 6/27/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    You are required to disclose all debts to the court. The debt to your brother should have been disclosed. You can still pay a debt after the discharge. The creditors just cannot engage in collection activity from you.
    Answer Applies to: Arizona
    Replied: 6/27/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    By not listing all of your debts, you committed perjury when you signed your petition and schedules; and again when you testified at the meeting of creditors. Be that as it may, you can pay anyone you want - the discharge just means they cannot ask for payment from you, as your liability no longer exists.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    The rule is you must list all debts but you may choose to pay certain creditors, such as family members. You should have listed him, and can amend to add him if the case is still open. After that you can pay him.
    Answer Applies to: Virginia
    Replied: 6/27/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes, you don't have to pay him back, but after a bankruptcy, you can pay anyone that you want to pay.
    Answer Applies to: Indiana
    Replied: 6/27/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    If you had listed him, you would be allowed to pay him back legally. Since you didn't list him, you have lied to the bankruptcy judge.
    Answer Applies to: Virginia
    Replied: 6/27/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You were supposed to list him and signed the petition under penalty of perjury that you were telling the truth about listing all your debts. You can pay any debts voluntarily after the discharge.
    Answer Applies to: California
    Replied: 6/27/2011
    The Chetson Firm, PLLC
    The Chetson Firm, PLLC | Damon Chetson
    All similarly situated creditors must be treated the same way in a bankruptcy. In other words, you are not permitted to repay certain creditors (family or friends) and not others. You probably want to talk to a bankruptcy lawyer about this issue before making preferential payments to your brother.
    Answer Applies to: North Carolina
    Replied: 6/27/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    All debts must be listed in a bankruptcy. After bankruptcy the debtor is allowed to pick and choose anyone to pay in full or part. This would be common if the creditor is a family doctor or dentist or a friend or a relative.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You can do anything you want with your money post discharge. However, your brother is unable to sue you without violating the automatic stay. I call this the ole' switcheroo in that you are in control of whether you pay him or not. Prior to bankruptcy, he could have sued you.
    Answer Applies to: Oregon
    Replied: 6/27/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You are not legally required to repay debts, but there is no prohibition against repaying any or all of the debts if you want to.
    Answer Applies to: Colorado
    Replied: 6/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    First of all, that means you committed perjury, a felony that could possibly land you in jail or result in a revocation of your discharge. It may be okay at this point, but call your lawyer from your case to discuss ALL the omissions in your case first.
    Answer Applies to: Georgia
    Replied: 6/27/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, you are legally allowed to repay anyone you want. However, intentional failure to list a debt you had is a federal crime and could result in revocation of your discharge among other penalties. You should consult with your attorney regarding whether you should reopen your case to add your brother as a creditor.
    Answer Applies to: California
    Replied: 6/27/2011
    Ellahie & Farooqui LLP
    Ellahie & Farooqui LLP | Javed Ellahie
    You are required to list all your debts. Your brother's loan was a debt and should have been listed. Consult your attorney and have this taken care of. Failure to list someone may result in a debt not being discharged (unless they have actual notice), so you may still be liable to him.
    Answer Applies to: California
    Replied: 6/27/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    You have to list all creditors, including family members when filing bankruptcy or else you risk not getting a discharge of your debt. After filing bankruptcy, if you choose to pay back family members at a later date, that is your business, although you are not obligated to do so.
    Answer Applies to: Washington
    Replied: 6/27/2011
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